Stepped Up Basis, Building Owned by Taxpayer and Deceased Spouse

Mar 12, 2005 3 Replies

Recently, I asked about a building owned by a partnership. My client, an individual, and his spouse together owned a



50% interest in the partnership. It looks like I may not have phrased my question properly. Given that my client would have received a stepped up basis, had he and his wife owned 50% of the building outside of a partnership, wouldn't step up in basis also occur when they own the building vis a vis partnership interest. For example, if a property were purchased by my client and his spouse (50% interest), and another taxpayer (remaining
50% interest) with no mention of a partnership, step up would occur for my client upon the death of his spouse, I believe. Thanks for earlier responses.



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Why would there be a stepped up basis? Did somebody die?

A stepped up basis only applies to property that is inherited from someone else.

To the extent of her interest (25%), or to the extent of the community property, if they live is a community property state (50%). Stu

If the partnership owns the building, the partnership interest gets a basis step up. If the individuals jointly own the building, the ownership in the building gets a step up.

-- David M. Woods, EA, ChFC, CLU Woods Financial Services Norwood, MA 02062

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Yes, my client's wife died, that's why I am trying to verify that step up occurs for the 50% partnership interests (community property state), and, as the building was the only partnership asset, step up in 50% of building occurs. Looks like that is the case. Thanks for the responses!

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