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Capital Gains Tax Triggered by Gifts and Inherited Appreciated Assets

This law treats the transfer of appreciated property (like stocks or real estate) by gift or at death as a sale at fair market value, immediately triggering capital gains tax liability. While eliminating the previous tax benefit (step-up in basis), it includes a significant exclusion of up to $1 million in realized capital gains upon death. Citizens transferring high-value assets must prepare for immediate tax obligations upon gifting or inheritance.
Key points
Capital gains tax is now due immediately when highly appreciated assets are transferred as gifts or inherited, effective January 1, 2022.
An exclusion shields the first $1 million of capital gains realized upon a person's death from this new tax.
Transfers between U.S. citizen spouses remain exempt from this immediate tax realization.
Executors can elect to pay the resulting tax bill over a period of up to 7 years for certain non-traded assets, easing liquidity concerns.
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Additional Information
To amend the Internal Revenue Code of 1986 to treat property transferred by gift or at death as sold for fair market value, and for other purposes.
Print number: HR 2286
Sponsor: Rep. Pascrell, Bill, Jr. [D-NJ-9]
Process start date: 2021-03-29