Hard1 markMultiple Choice

CPA · Question 10 · Area I: Individual Compliance and Planning

A wealthy client wants to reduce their taxable estate by gifting assets to their children. They have two assets of equal value ($100,000): Asset A has a basis of $10,000 (highly appreciated). Asset B has a basis of $110,000 (depreciated). Which asset is generally more tax-efficient to gift during the donor's lifetime, and why?

Answer options:

A.

Asset B, because the donee can claim the loss immediately upon sale.

B.

Asset A, because the appreciation will escape estate tax, and the donee takes a carryover basis.

C.

Asset B, because the donor can deduct the loss on their gift tax return.

D.

Asset A, because the donee receives a step-up in basis to FMV at the date of the gift.

How to approach this question

Compare the rules: Gifts = Carryover Basis. Inheritance = Step-up Basis. Never gift loss property (sell it to take the loss, then gift cash). Gift appreciated property to shift growth, though you lose the step-up.

Full Answer

B.Asset A, because the appreciation will escape estate tax, and the donee takes a carryover basis.✓ Correct
Asset A, because the appreciation will escape estate tax, and the donee takes a carryover basis.
Gifting appreciated property (Asset A) removes future appreciation from the gross estate. While the donee takes a carryover basis (IRC §1015), avoiding 40% estate tax is often better than paying 20% capital gains tax. Gifting loss property (Asset B) is poor planning because the donee's basis for loss purposes is stepped down to FMV, meaning the built-in loss is never deductible by anyone.

Common mistakes

Thinking gifts get a step-up in basis; thinking you can transfer a tax loss via gift.

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