"The Code says, when an estate is subject to estate taxes, the cost basis of inherited assets is the date of death value [[there is a "step up" in basis). However, in 2010 there is no estate tax, and therefore no step-up in basis. Now, because the government took no action at the end of 2009, the estate tax was replaced Jan. 1 with a capital gains tax that requires heirs pay rates of between 15 percent and 28 percent on any bequeathed assets they sell. The tax is complicated because it applies to all profit since the assets were acquired by their original owners. Now do you see how no estate tax is not necessarily a good thing?! "
Technically, the estate tax wasn't replaced by capital gains tax. Since there is no estate tax in 2010, the tax basis for inherited assets is the tax basis held the decedent [[as you point out). That means that gains on assets sold in 2010 will be taxed at 15% [[for long term), at 28% [[for collectables) and at the heir's ordinary income rate, up to 35% for short term. When the estate tax is reinstated, as I assume some tax will be, then the stepped up basis should reappear. If the stepped up basis is eliminated or reduced, then I presume that the capital gains tax will also continue [[although that could truly be double taxation).
Personally, I don't think that one's death should trigger any type of taxation event. For that reason, I think that the better approach is the situation we have in 2010. Let heirs take the estate with no immediate taxes due, but any capital assets transfer with the decedent's tax basis. That way, no taxes are due until the asset is sold.
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