When a beneficiary inherits property that the decedent acquired through a gift within one year of death, what basis does the beneficiary take?

When a beneficiary inherits property that the decedent acquired through a gift within one year of death, the beneficiary takes the decedent's original basis in that property. This is due to the special rule that applies to property received as a gift shortly before death. The rationale behind this treatment is to prevent tax avoidance strategies that could arise from transferring assets shortly before passing and then allowing beneficiaries to benefit from potentially inflated valuations.

In this scenario, the original basis is significant because it directly affects future capital gains calculations when the beneficiary decides to sell the inherited property. A beneficiary using the decedent's basis will be responsible for capital gains tax based on the differences between the selling price and the original cost (or basis) of the property held by the decedent, rather than a potentially higher fair market value that might have been present at the decedent's time of death. This ensures that the tax implications reflect the actual investment made by the decedent rather than any post-gift appreciation.

Ultimately, this approach serves to maintain a consistent and fair tax treatment of inherited property, adhering to principles established by tax law regarding gifts and estates.