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Oregon Step-Up in Basis
Support GuideOregon28 min read

Oregon Step-Up in Basis

Oregon is not a community property state, so only the decedent's half resets. Where the date-of-death value gets filed, and what Oregon taxes on a sale.

By Settled Editorial

When you inherit property in Oregon, its cost basis resets to the fair market value on the owner's date of death. 26 U.S.C. 1014(a)(1) sets that figure, and it erases the capital gains tax on everything the asset gained during the owner's lifetime. You are taxed on growth after the death, and only when you sell.

Oregon changes the size of that break in one direction and one direction only. Oregon is not a community property state, so a married couple resets one half of a jointly held asset rather than both. Then the state taxes the eventual gain as ordinary income, at rates reaching 9.9 percent, on top of the federal bill. Every Oregon rule below was read at the 2025 Edition of the Oregon Revised Statutes on August 25, 2026, and the one section the printed edition no longer states correctly is flagged where it appears.

What The Step-Up Does To Your Tax Bill

Basis is what the tax system treats as your cost in an asset. When you sell, you pay tax on the sale price minus that basis. The step-up changes the starting number.

The problem it solves

Say your father bought a house in Salem in 1994 for $96,000. At his death in 2026 it is worth $528,000. Had he signed the deed over to you while he was alive, you would take his $96,000 cost, called a carryover basis, and a sale at $528,000 would show a $432,000 gain.

Because you inherited the house instead, your basis steps up to $528,000. Sell at $528,000 and your gain is zero. Sell two years later for $567,000 and you report $39,000 rather than $471,000.

Where the rule comes from

The rule is federal. Section 1014(a)(1) gives property acquired from a decedent a basis equal to "the fair market value of the property at the date of the decedent's death," and section 1014(b)(1) covers property acquired by bequest, devise, or inheritance, or by the decedent's estate from the decedent.

The reach is wide. It covers property that passes through Oregon probate, a funded revocable trust, a recorded transfer on death deed under ORS 93.948 to 93.979, a survivorship deed, and a payable on death account. Skipping probate costs nobody the step-up, which is worth knowing before you read how to keep assets out of probate here.

Oregon's income tax uses the federal number

No Oregon statute sets a competing basis rule, and the state says so from the other direction. ORS 316.007(2) states the Legislative Assembly's intent to reach its result by applying the Internal Revenue Code provisions on income, exclusions, deductions, accounting methods, taxation of trusts and estates, and basis, among others. ORS 316.048 then measures a resident's entire taxable income by federal taxable income, with the modifications Oregon adds elsewhere in the chapter.

ORS 316.012 fixes the version of the Code Oregon follows. The 2025 Edition prints December 31, 2023, and that figure is out of date: section 38 of chapter 142, Oregon Laws 2026 (Senate Bill 1507) moved it to December 31, 2025, approved April 9, 2026 and effective June 5, 2026, applying to activities on or after January 1, 2026 in tax years beginning on or after that date. Subsection (2) of the section matters more for basis anyway: anything related to the definition of taxable income follows the Code as applicable to your own tax year. Section 1014 is one of those things.

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Oregon Is Not A Community Property State

Here is the claim that a page copied from a Washington, Nevada or Idaho template gets wrong.

26 U.S.C. 1014(b)(6) treats as acquired from the decedent "property which represents the surviving spouse's one-half share of community property held by the decedent and the surviving spouse under the community property laws of any State," so long as at least one-half of the whole community interest was includible in the decedent's gross estate. That rule needs community property under a state's law to operate on. IRS Publication 555 names the nine states whose married residents it covers: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Oregon is absent from that list.

Run the numbers on a rental house in Eugene that a married couple bought in 1999 for $130,000 with wages earned during the marriage, titled in both names. It is worth $480,000 when the husband dies.

OregonA community property state
Survivor's original half$65,000$65,000
Decedent's half at death$240,000$240,000
Survivor's half after death$65,000$240,000
Basis in the whole house$305,000$480,000
Gain on an immediate $480,000 sale$175,000$0

That $175,000 difference is the single largest tax consequence of Oregon's marital property system, and no Oregon planning document changes it. What the spouse does get instead is the elective share and the support provision, which our page on Oregon surviving spouse rights works through.

The one Oregon statute where community property still matters

Oregon has a tracing rule for property a couple carried in from somewhere else. ORS 112.705 names it: ORS 112.705 to 112.775 may be cited as the Uniform Disposition of Community Property Rights at Death Act.

  • What it reaches. ORS 112.715 applies the act to all personal property, wherever situated, that was acquired as or became and remained community property under the laws of another jurisdiction, to property acquired with its rents, issues, income or proceeds, and to property traceable to it. It reaches Oregon real property bought with those same proceeds.
  • What it presumes. ORS 112.725(1) presumes property acquired during marriage while a spouse was domiciled in a community property jurisdiction is covered. ORS 112.725(2) presumes the opposite for property taken in a survivorship form while domiciled in a state that had no community property.
  • What it does at death. ORS 112.735 gives one-half of covered property to the surviving spouse outright, outside testamentary disposition, and puts the decedent's half through the will or intestacy, free of the spouse's right to elect against the will.
  • Who has to notice. ORS 112.745 says neither the personal representative nor the court has a duty to discover whether property is covered unless the surviving spouse makes a written demand.

Whether that state law character carries the federal treatment in section 1014(b)(6) turns on the specific asset and its paper trail. A couple who earned money in California, bought an Oregon rental with it, and never re-titled anything is the fact pattern to take to a CPA rather than settle from a page.

How Oregon titles co-owned land, and why it changes what resets

Oregon writes co-ownership differently from most states, and the form of title decides how much of a house lands in the decedent's gross estate.

ORS 93.180(3) abolishes joint tenancy in real property outside the trustee case in ORS 93.190. Writing "joint tenants" on an Oregon deed, with nothing else, creates a tenancy in common. ORS 93.180(1)(a) makes a conveyance to two or more people a tenancy in common unless the instrument clearly and expressly declares a right of survivorship, and ORS 93.180(2) builds that survivorship as a tenancy in common in the life estate with cross-contingent remainders in fee simple. ORS 93.180(1)(b) then makes a conveyance to spouses married to each other a tenancy by the entirety by default.

Two practical results for basis:

  • Married couple, ordinary deed. The entirety is a qualified joint interest, and 26 U.S.C. 2040(b) puts one-half of its value in the decedent's gross estate. One half resets, matching the table above.
  • Two siblings or a parent and child on one deed. Absent an express survivorship declaration, they hold as tenants in common. The decedent's fractional share passes by will or intestacy and resets under section 1014; the survivor's own share keeps its original cost and does not.

Section 2040(a) allocates a survivorship interest between people who are not spouses by the consideration each furnished, so a child added to a parent's deed for nothing usually sees the whole value included and the whole basis reset. Ask a tax adviser to apply section 2040 to your deed before assuming any number.

What Oregon Charges When You Sell

Four different Oregon charges get confused here. Take them apart.

The inheritance itself is not taxed to you

26 U.S.C. 102(a) keeps the value of property acquired by gift, bequest, devise, or inheritance out of gross income. ORS 316.048 starts a resident's Oregon taxable income at federal taxable income, and no modification in ORS chapter 316 adds an inheritance back. Nothing enters your Oregon return the day you receive the house.

The estate tax is charged to the transfer, not to the heir

ORS 118.010(2) imposes the tax "upon a transfer of the property" of a resident decedent, and of a nonresident decedent whose estate includes Oregon real property or Oregon tangible personal property. ORS 118.010(4) starts its rate table at an Oregon taxable estate of $1,000,000, where the tax is $0 plus 10.0 percent of the excess above that figure. ORS 118.160(1)(c) requires a return once the gross estate reaches $1 million for a death on or after January 1, 2012, and ORS 118.100(1) sets both the return and the payment at no later than 12 months following the date of death.

The Department of Revenue names the paperwork: Form OR-706, Oregon Estate Transfer Tax Return, for a death on or after January 1, 2012, with Form IT-1, the Oregon Inheritance Tax Return, reserved for earlier deaths. The department also confirms the deadline split, nine months for deaths before January 1, 2022 and 12 months after, and points to Form OR-706-EXT for a six-month extension to file that does not extend the time to pay. That filing is the personal representative's job, covered on the federal estate tax question alongside the federal threshold. To test one estate against the $1,000,000 figure and the ORS 118.010(4) rate table, run it through the Oregon estate tax calculator. Basis and estate tax run off the same valuation work, so getting the date-of-death number right once serves both.

Oregon taxes the gain as ordinary income

Oregon grants no preferential rate for a long-term capital gain. The gain lands in federal taxable income, ORS 316.048 carries it into Oregon taxable income, and ORS 316.037(1)(a) applies this table:

Taxable incomeRate on the bracket
Not over $2,0004.75%
Over $2,000 to $5,0006.75%
Over $5,000 to $125,0008.75%
Over $125,0009.9%

Two features of that table decide real cases. ORS 316.037(1)(b) has the Department of Revenue publish an inflation-adjusted table each year in place of the statutory one, and ORS 316.037(1)(b)(D) forbids adjusting the brackets above $125,000, so the top rate keeps reaching further down each year in real terms. ORS 316.042 computes a joint return as twice the tax on half the income.

Take a seller whose other taxable income already passes $125,000, so every dollar of gain lands in the top bracket. Sell the Salem house two years after the death for $567,000 and the $39,000 gain costs about $3,861 of Oregon tax. Sell it having taken the deed as a lifetime gift instead, and the $471,000 gain costs roughly $46,629 in Oregon tax alone, before any federal bill.

One narrow 5 percent rate exists, for farms

ORS 316.045(2) taxes net long-term capital gain at 5 percent, and the conditions are tight enough that most inherited farmland fails them. The gain has to be section 1231 gain or gain on a 10 percent or larger ownership interest in an entity; the property has to be an interest in a farming entity or property predominantly used in the trade or business of farming; the buyer cannot be a related person under section 267 of the Internal Revenue Code; and ORS 316.045(2)(d) requires the sale to terminate all, or very nearly all, of the taxpayer's ownership in that farming business or in property employed in it. The same paragraph says ownership of a farm dwelling or farm homesite does not count as ownership of farming property. Read the whole section with a CPA before pricing a sale around it.

An out-of-state heir gets withheld at closing

This one surprises families who moved away years ago. ORS 314.258(2) makes the escrow agent or the attorney handling closing withhold from the money payable to a seller who is not an Oregon resident on the closing date. The amount is the least of three figures:

  • 4 percent of the consideration for the conveyance;
  • the net proceeds shown on the seller's settlement statement; or
  • 8 percent of the gain includable in the seller's Oregon taxable income, which the agent may compute from the seller's written affirmation.

ORS 314.258(3) then lists the outs. Subsection (3)(a) removes the duty where consideration does not exceed $100,000. Subsection (3)(d) removes it where the transferor is a personal representative, executor, conservator, bankruptcy trustee or other person acting under judicial review, so an estate that sells the house before distributing is outside the rule while the heir who takes title first is inside it. Your stepped-up basis feeds the third test directly, which is a reason to have the date-of-death figure documented before the closing rather than after. Our guide to selling the property you inherited covers the deed, the county clerk and the rest of the closing.

Proving The Date-Of-Death Value In Oregon

Your basis is only as good as your evidence for it. Oregon gives you a better document than most states, and then leaves three ways to end up without one.

The inventory is filed in the court case

ORS 113.165 gives the personal representative 90 days after the date of appointment, unless the court grants longer, to "file in the estate proceeding an inventory of all property of the estate that has come into the possession or knowledge of the personal representative." The section then says the inventory "shall show the estimates by the personal representative of the respective fair market values as of the date of the death of the decedent." An estate holding nothing files an inventory saying so.

Read what that sentence does and does not say. It asks for fair market value, with no instruction to subtract mortgages or liens, which is the same measure section 1014(a)(1) uses for basis. An Oregon inventory figure and an Oregon basis figure are asking the same question, so the gap that trips heirs in states measuring net value does not open here.

Assets found later still get recorded. ORS 113.175 requires a supplemental inventory within 30 days of the personal representative receiving possession or knowledge of property the inventory missed, or inclusion of it in the next accounting.

Heirs can read it

Oregon files the inventory in the estate proceeding, so it sits in the court file rather than in the personal representative's drawer. ORS 113.145(1) requires the personal representative, on appointment, to deliver or mail specified information to devisees, heirs and other named interested persons, and subsection (1)(f) tells each of them that their rights may be affected and that "additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative."

If you are an heir and nobody has sent you a number, start with the court file for the case, then ask the personal representative. Our page on an Oregon personal representative's job covers what they owe you and when.

Nobody has to hire an appraiser

ORS 113.185(1) says the personal representative "may employ a qualified and disinterested appraiser to assist the personal representative in the appraisal of any property of the estate the value of which may be subject to reasonable doubt." The verb is "may." Different people may be hired for different kinds of property. ORS 113.185(2) lets the court direct an appraisal on its own discretion, ORS 113.185(3) requires any appraisal to be in writing and signed, and ORS 113.185(4) pays the appraiser a reasonable fee from the estate.

So an unappraised line on an Oregon inventory is one person's estimate. Order your own date-of-death appraisal whenever the number will carry a sale.

The affidavit route files a value too, on a different date

Oregon's simplified route leaves a record, which is unusual. ORS 114.525(1)(g) requires a simple estate affidavit to "describe and state the fair market value of all property in the estate, valued as provided in ORS 114.510, including a legal description of any real property," and ORS 114.515(4) makes the affidavit part of the probate records.

Check the valuation date before you carry that figure anywhere. ORS 114.510(2)(a) values the estate as of the date of death, or, where the date of death is more than one year before the affidavit is filed, as of a date within 45 days before filing. A late affidavit then prints a current value rather than a date-of-death value, and section 1014 wants the date-of-death one. ORS 114.510(2)(b) does help on the other axis: fair market value there is the value of the entire interest "without reduction for liens or other debts." Our guide to the simple estate affidavit covers who can file one and the two limits it has to clear.

The county assessor's number answers a different question

Oregon heirs reach for the property tax statement, and it is the wrong document twice over.

  • Wrong date. ORS 308.210(1) has the assessor keep the assessment record for each year "as of January 1, at 1:00 a.m. of the assessment year." ORS 308.205(1) defines real market value as the cash an informed buyer would pay an informed seller in an arm's length transaction "occurring as of the assessment date for the tax year." That is a January 1 opinion, and a death almost never falls on January 1.
  • Wrong number. ORS 308.146(1) sets maximum assessed value at 103 percent of the prior year's assessed value or 100 percent of the prior year's maximum assessed value, whichever is greater, and ORS 308.146(2) sets assessed value at the lesser of maximum assessed value or real market value. The assessed figure is a capped construct that drifts below market by design.

Use the statement as a cross-check and nothing more.

What to gather, by asset

  • Real estate. Order a date-of-death appraisal from an Oregon certified appraiser. An appraiser can date an opinion retroactively, and it gets harder to support the further you are from the death.
  • Publicly traded stock. Average the high and low trading price on the date of death. Where the death fell on a weekend or a market holiday, average the nearest trading days on either side.
  • Bank and brokerage accounts. Ask for date-of-death statements. Most firms produce them on request and will not keep producing them forever.
  • A family business, farm, timberland or vineyard. Commission a professional valuation while the books and the people who kept them are still around.
  • Vehicles, boats, equipment, art, jewelry and firearms. Get a written appraisal for anything worth appraising, and photograph the rest.

The alternate valuation date rarely applies

An executor who files a federal estate tax return, Form 706, may elect the alternate valuation date under 26 U.S.C. 2032, which values the gross estate six months after death. Three limits keep it out of nearly every Oregon file. Section 2032(d)(1) makes the election on the federal return, so no Form 706 means no election. Section 2032(c) allows it only where it decreases both the value of the gross estate and the estate tax due. And the Internal Revenue Service puts the federal filing threshold at $15,000,000 for a death during 2026. The date-of-death value is the number nearly every Oregon heir uses.

The consistency rule needs a federal return to bite

26 U.S.C. 1014(f)(1)(A) caps your basis at the value finally determined for the federal estate tax, and section 6035 makes an executor report that value to you. Section 1014(f)(2) limits the cap to property whose inclusion increased the federal estate tax.

Oregon's $1 million filing floor sits far below the federal $15,000,000 threshold, so a large share of Oregon estates file Form OR-706 and no federal return at all. In those files there is no federal determination to be consistent with. The Oregon return still records a number the Department of Revenue holds, and reporting one value there and a different value on a later sale invites a question you will not enjoy answering.

Add what you spend afterwards

Capital improvements you make after inheriting raise your basis. A new roof, an addition, a foundation repair, a well or a kitchen remodel all count. Repairs and maintenance do not, so track the two separately and keep receipts.

ItemAmount
Date-of-death value (your stepped-up basis)$528,000
New roof$24,000
Foundation and drainage work$27,000
Adjusted basis$579,000
Sale price$618,000
Capital gain you report$39,000

What Steps Up And What Does Not

Most capital assets reset:

  • Real estate, including homes, land, timberland, farmland and rental property
  • Stocks, bonds, mutual funds and exchange-traded funds
  • An interest in a family business or farm
  • Vehicles, boats, equipment, art, jewelry and other property worth appraising

Three categories sit outside the rule:

  • Retirement accounts. Traditional IRAs, 401(k) plans and similar tax-deferred accounts are income in respect of a decedent. Section 1014(c) says the basis rule does not apply to a right to receive an item of income in respect of a decedent under section 691. Heirs pay ordinary income tax on withdrawals and the account gets no reset, in Oregon at the ORS 316.037 rates like any other income.
  • Property given away during life. A lifetime gift carries the giver's basis to you. Deeding the family house to the children early is the most expensive mistake in this area.
  • Assets that come back within a year. Where you gave appreciated property to someone, they died within one year, and it returned to you, section 1014(e) denies the reset and hands you back your own adjusted basis.

An Oregon Transfer On Death Deed Keeps The Step-Up

Oregon adopted the Uniform Real Property Transfer on Death Act in 2011, and families ask whether using the deed trades away the reset. The statute answers it.

ORS 93.967 says that during a transferor's life the deed does not affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property, does not affect an interest or right of a designated beneficiary even where that beneficiary knows about the deed, and does not create a legal or equitable interest in favor of the designated beneficiary. ORS 93.969(1)(a)(A) moves the interest only when the transferor dies.

The owner still owns the property at death. 26 U.S.C. 2033 includes in the gross estate the value of all property to the extent of the decedent's interest at the time of death, and section 1014(b)(9) gives a date-of-death basis to property required to be included there. The land skips probate and the basis still resets.

One thing the deed does not do is clear the estate's debts. ORS 93.973 lets the estate reach transferred property where the probate estate cannot cover allowed claims and the ORS 114.015 support provision, on a proceeding brought within 18 months of the death. Have an Oregon CPA or tax attorney confirm the treatment of your particular deed.

Your Holding Period Is Always Long Term

One federal rule saves heirs a common mistake. 26 U.S.C. 1223(9) says that where a person acquires property from a decedent, the basis is determined under section 1014, and the property is sold within one year after the death, that person is treated as having held it for more than one year.

Sell an inherited Oregon house six weeks after the funeral and the gain is still long term. That matters federally, and it matters for ORS 316.045 too, since the farm rate reaches only net long-term capital gain.

Records To Keep

Hold on to these so you can support your basis if the Internal Revenue Service or the Department of Revenue asks:

  • The date-of-death appraisal for real estate and for anything else worth real money
  • The ORS 113.165 inventory, or the ORS 114.525 affidavit with its valuation date noted
  • Brokerage and bank statements showing date-of-death balances
  • Receipts for capital improvements you make after inheriting
  • The Form OR-706 as filed, if the estate filed one
  • The closing statement and the selling-expense records from the eventual sale

Keep them at least three years past the return that reports the sale. Longer is safer, and storage costs almost nothing next to a disputed gain.

Frequently Asked Questions

Does Oregon tax me when I inherit property?

Not on the inheritance itself. 26 U.S.C. 102(a) keeps the value of property acquired by bequest, devise or inheritance out of gross income, and ORS 316.048 starts Oregon taxable income at federal taxable income, so nothing enters your Oregon return when you receive it. Oregon does charge an estate tax on the transfer under ORS 118.010(2), and the executor files Form OR-706 and pays it when the gross estate reaches $1 million under ORS 118.160(1)(c). What can reach you later is Oregon income tax on the gain when you sell, and the step-up under 26 U.S.C. 1014 usually keeps that gain small.

Do both halves of a married couple's Oregon house step up?

No. IRS Publication 555 lists nine community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, and Oregon is not one of them. 26 U.S.C. 1014(b)(6) resets a surviving spouse's one-half share only where the couple held the asset as community property under a state's community property laws, so the Oregon survivor's own half keeps its original cost. ORS 112.705 to 112.775 preserve the community character of property a couple brought into Oregon from a community property state, which is the narrow case where the doubling question is live. Ask a CPA about that tracing before assuming either answer.

Where is the date-of-death value written down in an Oregon estate?

In the inventory. ORS 113.165 gives the personal representative 90 days after appointment, unless the court grants longer, to file in the estate proceeding an inventory of all property of the estate, showing the personal representative's estimates of the respective fair market values as of the date of the death of the decedent. Oregon files that document in the court case rather than leaving it in a drawer, and ORS 113.145(1)(f) tells devisees and heirs that more information is available from the records of the court. Property found later goes on a supplemental inventory within 30 days under ORS 113.175.

Can I use the county assessor's value as my Oregon basis?

No, and two Oregon statutes explain why. ORS 308.210(1) has the assessor value taxable property as of January 1 at 1:00 a.m. of the assessment year, so the real market value on the tax statement is an opinion about a date that is almost never the date of death. ORS 308.146(1) and (2) then set assessed value at the lesser of real market value or a maximum assessed value that grows by 103 percent a year, so the larger number on the statement is not market value at all. Order a date-of-death appraisal from an Oregon appraiser when the figure matters.

What does Oregon charge when I sell an inherited house?

Oregon income tax on the gain above your stepped-up basis, at ordinary rates. Oregon has no separate capital gains rate: ORS 316.048 measures a resident's taxable income by federal taxable income, and the ORS 316.037(1)(a) table runs 4.75, 6.75, 8.75 and 9.9 percent, with the 9.9 percent bracket starting at $125,000 of taxable income and never inflation-adjusted under ORS 316.037(1)(b)(D). ORS 316.045 carries one 5 percent rate for certain long-term farm gain, and its conditions are strict. Federal capital gains tax applies on top.

Will Oregon withhold from my sale proceeds if I live out of state?

Often yes. ORS 314.258(2) makes the escrow agent or attorney handling closing withhold the least of 4 percent of the consideration, the net proceeds, or 8 percent of the gain includable in the transferor's Oregon taxable income, when the seller is not an Oregon resident on the closing date. ORS 314.258(3)(a) drops the requirement where consideration does not exceed $100,000, and ORS 314.258(3)(d) drops it where the transferor is a personal representative, executor, conservator, bankruptcy trustee or other person acting under judicial review. A correct stepped-up basis shrinks the gain figure the third test uses.

Does an Oregon transfer on death deed cost the heir the step-up?

No. ORS 93.967 says that during a transferor's life the deed does not affect an interest or right of the transferor, including the right to transfer or encumber the property, and does not create a legal or equitable interest in favor of the designated beneficiary. The owner still holds the property at death, so 26 U.S.C. 2033 puts it in the gross estate and 26 U.S.C. 1014(b)(9) gives it a date-of-death basis. ORS 93.973 still lets the estate reach that property for allowed claims and the ORS 114.015 support provision, so the deed skips probate without clearing the debts.

This page describes the Oregon statutes and federal Code sections as they read on the date above, and it is general information about Oregon law rather than advice about one estate. Whether an asset carried in from a community property state keeps that character, how much of a co-owned Oregon parcel lands in the gross estate under section 2040, whether an inherited farm clears the ORS 316.045 conditions, and what value will hold up on examination all turn on facts a statute cannot settle from a distance. Those belong with an Oregon CPA, a tax attorney, or a certified appraiser.

Sources:

It is not legal advice.

Information current as of August 25, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oregon can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.