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re: Capital Gains at Death

Posted on 1/21/15 at 2:27 pm to
Posted by Bear Is Dead
Monroe
Member since Nov 2007
4696 posts
Posted on 1/21/15 at 2:27 pm to
quote:

That's not what I'm suggesting. I am saying, keep the estate tax exemption as is. When and if you do sell the stock down the road, you pay the capital gains tax based on the entire gain.

It is what you are suggesting, you just don't have malice in your heart like the president. Fact is that people inhereit real estate, which then has to be sold in order to pay the estate taxes. Yes I know there is a 5.25mil exemption, but for someone who just inherited a lot of land, how does it feel to have to sell that land to pay the tax bill?

quote:

If the dead relative sold it the day before he died, and left you the cash, he'd have to pay capital gains tax on it, right?

That's correct

quote:

In other words, the fact that someone died should not cause an item to not be taxed, if it would have been taxed had the person died and not sold it.

But that is the effect. The heirs will sell the property to pay the tax bill on the total amount inherited, and then with no step-up in basis, they will be taxed on the gain that goes all the way back to its original acquisition.

quote:

My personal feeling on the estate tax is that it is unfair and punitive and should be eliminated. But this is a different story.


It is immoral. It doesn't in any way effect the federal budget. The only reason to change it is to redistribute wealth. That's it.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37249 posts
Posted on 1/21/15 at 2:32 pm to
quote:

But that is the effect. The heirs will sell the property to pay the tax bill on the total amount inherited, and then with no step-up in basis, they will be taxed on the gain that goes all the way back to its original acquisition.


If estate tax is paid on an asset, then the step up should be granted.

Under my idea, it would be an either/or. Either you pay estate tax on an asset at death and get a step-up, or, you would pay capital gains tax on an asset at full gain when it's actually sold.

If your real estate example, if they are subject to the estate tax, then nothing changes from current practice. If they are not subject to the estate tax, they only are subject to capital gain tax when the real estate is sold.
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