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Utah Step-Up in Basis
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Utah Step-Up in Basis

Utah step-up in basis: inherited assets reset to date-of-death value under IRC 1014, half a joint tenancy steps up, and Utah taxes the gain at 4.45%.

By Settled Editorial

When you inherit property in Utah, its cost basis resets to the fair market value on the owner's date of death. That reset comes from Internal Revenue Code Section 1014, and it erases the capital gains tax on everything the asset gained while the owner held it. You pay tax only on growth after the death, and only when you sell.

The basis rule is federal. No Utah statute writes one. What Utah adds is a set of rules that decide how much of the asset resets and how much of the gain you keep: a joint tenancy presumption that flipped on May 1, 2024, a chapter that preserves community property carried in from another state, an inventory statute that puts the date-of-death number on paper without requiring anyone to file it, and a flat income tax that reaches the gain at 4.45%.

What The Step-Up Does, And Where The Rule Comes From

Basis is what the tax system treats as your cost in an asset. When you sell, you pay capital gains 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 Ogden in 1998 for $118,000. At his death in 2026 it is worth $525,000. If he had signed the deed over to you during his life, you would take his $118,000 cost, called a carryover basis, and a sale at $525,000 would show a $407,000 gain.

Because you inherited the house instead, your basis steps up to $525,000. Sell at $525,000 and your gain is zero. Sell two years later for $556,000 and you report a $31,000 gain rather than $438,000.

The rule is federal

Internal Revenue Code Section 1014(a) 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," with three alternatives: the Section 2032 alternate valuation figure, the Section 2032A special-use figure for farm and closely held business real property, and the decedent's own basis in land to the extent of a qualified conservation easement exclusion under Section 2031(c).

The adjustment runs both directions. An asset worth less at death than the owner paid steps down to that lower figure, and the paper loss the owner could have taken disappears. Holding a depreciated asset until death wastes a deduction a lifetime sale would have captured.

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Utah Charges No Estate Tax And No Inheritance Tax

Take the two taxes apart, because heirs mix them up constantly.

  • Nothing is charged for receiving an inheritance. The Utah State Tax Commission states that the tax was repealed, that federal changes phased out the national inheritance tax and eliminated Utah's after December 31, 2004, that Utah inheritance tax returns do not need to be filed, and that Utah does not require an inheritance tax waiver.
  • The chapter itself is gone. Utah Code Title 59, Chapter 11, the Inheritance Tax Act, now prints in the code under the header "Repealed 5/6/2026." No live section survives in it.
  • Utah income tax reaches the gain. That is the tax an heir actually meets, and it arrives when the asset is sold, not when it is received.

Only the federal estate tax can apply, and it reaches a narrow band of estates. Internal Revenue Code Section 2010(c)(3) sets the exclusion at $15,000,000, with inflation indexing starting for decedents dying in a calendar year after 2026. So for a 2026 death the figure is $15,000,000 per person, and portability can carry a first spouse's unused amount to the survivor if the first estate files a return and elects it. Estate tax and basis get conflated constantly, so read the federal estate tax rules separately from this page: that one decides whether the estate owes a transfer tax, and this one decides what you pay when you sell.

Only Part Of A Jointly Owned Utah Home Steps Up

This is the point Utah couples get wrong, and Utah changed the ground under it recently.

The deed date decides how the property is held

Utah Code 57-1-5, amended by Chapter 100 of the 2024 General Session, presumes joint tenancy, and the presumption is banded by when the interest was granted:

Interest grantedJoint tenancy with rights of survivorship presumed forSubsection
May 5, 1997 through May 3, 2022two persons designated husband and wife in the granting documents57-1-5(1)(a)(i)(A)
May 4, 2022 through April 30, 2024two persons designated spouses57-1-5(1)(a)(i)(B)
On or after May 1, 2024two or more persons in their own right57-1-5(1)(a)(i)(C)

Anything outside those bands is presumed a tenancy in common under 57-1-5(1)(b) unless the grant says otherwise. Two unmarried siblings who took a deed in 2019 with no survivorship wording hold as tenants in common; the same deed signed in 2025 is presumed a joint tenancy. Pull the deed and read the date before you assume anything about how a Utah property passes.

Section 57-1-5(2) keeps a wording test on top of the presumption. "Joint tenancy," "with rights of survivorship" and "and to the survivor of them" create a joint tenancy. "Tenancy in common," "with no rights of survivorship" and "undivided interest" declare a tenancy in common, and so does "and/or" unless joint tenancy language sits beside it.

How much actually steps up

The federal rule decides that, and it splits by who the joint owners are.

  • A married couple who are the only two joint tenants. Internal Revenue Code Section 2040(b) calls that a qualified joint interest and includes one-half of the value in the deceased spouse's gross estate no matter who furnished the purchase money. One-half steps up. The survivor's half keeps its original cost, and the survivor carries a mixed basis into any later sale.
  • Anyone else holding as joint tenants. Section 2040(a) uses the consideration-furnished rule instead. The gross estate includes the whole value except the part shown to have originally belonged to the other owner. A child who contributed nothing to a house held jointly with a parent sees the full value included in the parent's estate, and the full value becomes the basis. IRS Publication 551 works this through with a two-owner example where the survivor paid one-third and steps up only the other two-thirds.

Utah title labels do not make Utah a community property state

Utah Code 57-1-5(7) treats tenants by the entirety as joint tenants, and 57-1-5(8) treats tenants holding title as community property as joint tenants. Those are Utah rules about how title works, and they change nothing about federal basis. IRS Publication 551 names the community property states as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Utah is not on that list, so the full step-up that a community property state can give on the first death is not available on ordinary Utah title.

Community Property You Brought To Utah Keeps Its Character

Three of the states Utah shares a border with are on the community property list above: Idaho, Nevada and Arizona. A couple who built up property in one of them and later moved here is an ordinary Utah fact pattern, and Utah has a chapter written for it.

Utah Code 75-2b-102 applies the Uniform Disposition of Community Property Rights at Death Act to personal property wherever situated that was acquired as, became, and remained community property under another jurisdiction's law, to property traceable to it or bought with its rents, issues, income or proceeds, and to Utah real property acquired with those proceeds. Section 75-2b-103 adds two rebuttable presumptions. Property acquired during the marriage while the spouse was domiciled somewhere that allowed community property is presumed to be covered. Utah real property, and personal property wherever it sits, acquired while domiciled somewhere that did not allow community property and titled in a form that created survivorship rights, is presumed not to be covered.

Utah Code 75-2b-104, "Disposition upon death," then does three things in one paragraph. One-half of that property belongs to the surviving spouse and cannot be disposed of by the decedent's will or by Utah intestate succession. One-half belongs to the decedent and passes under the will or by intestacy. And the property may not reduce, be subject to, or be used in calculating the surviving spouse's elective share.

Two practical points follow. Section 75-2b-105 gives the surviving spouse or the spouse's successors four months after written notification from the personal representative or the successor trustee to bring an action to perfect title, and it says the personal representative has no duty to go looking for such property unless the surviving spouse makes a written demand. So the clock is short and nobody starts it for you.

Whether the surviving spouse's half also takes a federal step-up under Internal Revenue Code Section 1014(b)(6) is a federal question rather than a Utah one, and it turns on how the property was acquired and whether at least half its value is includible in the decedent's gross estate. Bring the acquisition history and the state of domicile at the time to a CPA before you assume either answer. The rest of what a spouse takes in Utah, including the elective share that Section 75-2b-104 carves this property out of, is covered in Utah surviving spouse rights.

Where The Date-Of-Death Value Gets Written Down In Utah

The step-up is worth exactly as much as your proof of the number.

The inventory carries it

Utah Code 75-3-705, "Duty of personal representative, Inventory and appraisement," gives the personal representative three months after appointment to prepare an inventory of property the decedent owned at death, listed with reasonable detail, showing for each item "its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item."

That sentence describes your basis document. It is dated to the death, it is itemized, and it records the encumbrances that bear on what the asset was worth.

Utah does not require anyone to file it

Read the last two sentences of Section 75-3-705 carefully. The personal representative "shall send a copy of the inventory to interested persons who request it." Filing the original with the court is permissive: "He may also file the original of the inventory with the court."

So Utah differs from states where an heir can pull the number out of a public court file years later. In many Utah estates the only copy of the inventory lives with the personal representative and the estate's lawyer. Ask for yours in writing while the estate is open, and keep it with the deed. Our guide to an executor's job in Utah covers preparing it, and the Utah probate guide walks through when a personal representative is appointed at all.

Appraisers, and what goes on the inventory

Utah Code 75-3-706 lets the personal representative hire "a qualified and disinterested appraiser" to fix the date-of-death fair market value of any asset whose value is subject to reasonable doubt, allows different appraisers for different kinds of assets, and requires the appraiser's name and address to appear on the inventory beside the items appraised. A named appraiser on a dated document is a far stronger record than a family estimate.

What to gather, by asset

  • Real estate. A written appraisal as of the date of death. A Utah county assessor's value is not a date-of-death appraisal, and it is the weakest evidence in the file.
  • Listed stocks and bonds. The IRS instructions for Form 706 state the rule: fair market value is the mean between the highest and lowest selling prices quoted on the valuation date. Where only closing prices exist, use the mean of the closing price on the valuation date and on the trading day before it. Where no sales happened on the date of death, take the mean on the nearest trading day before and the nearest after and prorate the difference to the valuation date. Ask the broker for a date-of-death valuation statement; most firms produce one on request.
  • A business interest. A written valuation from a qualified appraiser. Partnership and limited liability company interests may also raise a Section 754 election question inside the entity.
  • Higher-value personal property. Appraisals for art, jewelry, firearms, vehicles and collections. Photograph them while they sit where the decedent left them.

The alternate valuation date rarely applies

Internal Revenue Code Section 2032 lets the executor elect to value the gross estate six months after death, or at the date of disposition for anything sold within that window. Section 2032(c) allows the election only where it decreases both the value of the gross estate and the sum of the estate and generation-skipping taxes. That means a federal estate tax return has to be in play at all. Most Utah estates sit far under the $15,000,000 exclusion and never file one, so the date-of-death figure is the basis.

Add what you spend afterward

Capital improvements you make after you inherit raise your basis: an addition, a new roof, a furnace, a well, land work. Ordinary repairs do not. Keep the invoices with the inventory copy, because the two documents together are what support the number on the return.

What Steps Up And What Does Not

Section 1014(b) reaches property acquired by bequest, devise or inheritance, property in a revocable trust the decedent could change or revoke, property passing under a general power of appointment exercised by will, and, under Section 1014(b)(9), property acquired by reason of death or form of ownership that is required to be included in the decedent's gross estate. Between them, these Utah routes all produce a date-of-death basis:

  • Property distributed out of Utah probate, whether the estate was testate or intestate
  • Assets titled to a funded revocable living trust
  • Real estate passing under a recorded transfer on death deed, because Utah Code 75-6-412 leaves every ownership right with the transferor during life and creates no interest in the beneficiary
  • The decedent's share of a joint tenancy, including a motor vehicle, trailer, semitrailer or boat, because Utah Code 75-6-201(4) deems a registration in the names of two or more individuals to be held in joint tenancy with right of survivorship unless it says otherwise
  • Payable on death bank accounts and securities registered in beneficiary form
  • Personal property collected on a small estate affidavit, since the route changes the paperwork rather than the tax treatment. See Utah's small estate route

Three categories do not step up:

  1. Income in respect of a decedent. Traditional IRAs, 401(k) plans and other tax-deferred accounts carry no basis reset, and the beneficiary pays ordinary income tax on withdrawals. Section 1014(c) says so directly.
  2. Lifetime gifts. Property handed over before death carries the donor's basis under the carryover rule, which is why giving away appreciated property during life is usually the expensive choice.
  3. Property you gave the decedent within a year of death. Section 1014(e) sends appreciated property back to the donor or the donor's spouse at the decedent's adjusted basis when the gift was made inside the one-year window ending at death.

Because none of the nonprobate routes cost the step-up, avoiding probate in Utah is a question about time, privacy and paperwork rather than about basis. The trade-offs are set out in how to keep assets out of Utah probate.

What Utah Charges When You Sell

One flat rate, no separate capital gains rate

Utah has no capital gains rate of its own. A gain rides into state taxable income and is taxed at the flat individual rate. Utah Code 59-10-104, "Tax basis, Tax rate, Exemption," effective January 1, 2026 and amended by Chapter 250 of the 2026 General Session, sets that rate at 4.45% of state taxable income. The rate moved: the 2025 Utah forms still compute tax at 4.5%, so use the figure for the year of the sale rather than the year of the death.

If the estate sells before distributing

Utah Code 59-10-201(1) imposes tax on the state taxable income of a resident estate or trust at the same rate prescribed by 59-10-104(2)(b). Section 59-10-201(2)(a) carves out a resident estate or trust that is not required to file a federal income tax return for estates and trusts. The Tax Commission's TC-41 instructions put it plainly: a fiduciary of an estate with income from Utah sources who has to file a federal fiduciary return must file form TC-41, Utah Fiduciary Income Tax Return. A resident estate is one where the deceased person was domiciled in Utah at death. Gain passed out to beneficiaries is reported to them instead, on form TC-41K-1, Beneficiary's Share of Utah Income, Deductions, and Credits.

The Utah capital gain credit almost never reaches an heir

Utah does have a capital gains credit, and heirs hear the name and stop reading. Utah Code 59-10-1022 gives a claimant, estate or trust a nonrefundable credit equal to the gain multiplied by the 59-10-104(2) rate, but only where 70% or more of the gross proceeds of the transaction are spent buying qualifying stock in a Utah small business corporation within 12 months of the sale, and only where the buyer had no ownership interest in that corporation before the purchase. Section 59-10-1022(4) blocks any carryforward or carryback. Selling an inherited house and keeping the money does not qualify.

The federal side of the same gain

  • Your holding period is long-term automatically. Internal Revenue Code Section 1223(9) treats property acquired from a decedent as held for more than one year when it is sold within a year of the death, so the lower long-term rates apply even on a quick sale.
  • The net investment income tax. Section 1411 adds 3.8% on the lesser of net investment income or the excess of modified adjusted gross income over a threshold: $250,000 on a joint return or for a surviving spouse, half that for a married person filing separately, and $200,000 in any other case. Those figures are written into the statute and carry no inflation indexing. An estate or trust hits the tax much earlier, because its threshold is the dollar amount where the highest trust bracket starts. That alone can argue for distributing an asset before selling it.
  • A surviving spouse selling the family home. Section 121(b)(4) lets an unmarried surviving spouse use the $500,000 exclusion rather than $250,000 where the sale happens no later than two years after the spouse's death and the ownership and use tests were met immediately before that death. Stacked on a half step-up, that combination often wipes out the gain entirely. The two-year clock is the part people miss.

Basis and estate tax run off the same valuation work, so getting the date-of-death number right once serves both. To check whether any estate tax could reach the estate as well, use the Utah estate tax calculator, which applies the federal threshold because Utah imposes none of its own.

Basis is the number, and the sale is the transaction. For the mechanics of who signs, what the title company wants and when an estate can convey at all, see selling inherited property in Utah.

Records To Keep

Hold these together in one place, indefinitely rather than for a few years:

  • The copy of the Section 75-3-705 inventory you requested, plus any appraiser's report named on it
  • Date-of-death appraisals for real estate, and the broker's date-of-death valuation statement for securities
  • The deed, with its date, because the date decides which 57-1-5 presumption applied
  • Closing documents from the original purchase where the property was jointly held, since Section 2040(a) turns on who furnished the money
  • Invoices for every capital improvement made after you inherited
  • The settlement statement, commission receipts and legal and accounting fees from the eventual sale

Frequently Asked Questions

Does Utah tax me when I inherit property?

No. Utah charges no inheritance tax and no estate tax. The Utah State Tax Commission states that the tax was repealed, that federal changes eliminated Utah's inheritance tax after December 31, 2004, that Utah inheritance tax returns do not need to be filed, and that Utah does not require an inheritance tax waiver. The old Inheritance Tax Act at Utah Code Title 59, Chapter 11 now prints in the code under the header Repealed 5/6/2026. What can reach you is income tax on the gain if you sell the inherited asset for more than its stepped-up basis.

Where does the date-of-death value get written down in a Utah estate?

In the inventory. Utah Code 75-3-705 gives the personal representative three months after appointment to prepare an inventory of property the decedent owned at death, listed with reasonable detail, showing for each item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance. The catch is the last sentence of that section: the personal representative must send a copy to interested persons who request it, and may also file the original with the court. Filing is optional in Utah, so ask for your copy in writing while the estate is open rather than assuming a court file will hold it later.

If my spouse and I own our Salt Lake City home together, does the whole house step up when one of us dies?

No. Utah is a common-law property state, and IRS Publication 551 lists the nine community property states as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Utah is not among them. Where a married couple holds a home as the only two joint tenants with right of survivorship, Internal Revenue Code Section 2040(b) puts one-half of the value in the deceased spouse's gross estate no matter who paid for it, so one-half steps up to date-of-death value and the survivor's half keeps its original cost.

We moved to Utah from California. Is our community property still community property?

For Utah succession purposes, yes, and there is a chapter about it. Utah Code 75-2b-102 applies the Uniform Disposition of Community Property Rights at Death Act to personal property that was acquired as, became, and remained community property under another jurisdiction's law, to property traceable to it, and to Utah real property bought with its proceeds. Utah Code 75-2b-104 then gives one-half to the surviving spouse outright, free of the decedent's will and of Utah intestate succession, and keeps that property out of the elective share calculation. Whether the survivor's half also gets a federal step-up under Internal Revenue Code Section 1014(b)(6) is a separate federal question that turns on how the property was acquired and held, so take the deed history to a CPA.

Do inherited retirement accounts get a step-up?

No. A traditional IRA, a 401(k) and similar tax-deferred accounts are income in respect of a decedent. They carry no basis reset, and the beneficiary pays ordinary income tax on withdrawals. Internal Revenue Code Section 1014(c) says the basis rule does not apply to property that constitutes a right to receive an item of income in respect of a decedent. The step-up reaches capital assets such as real estate, a taxable brokerage account and a business interest.

Does the step-up still apply if the house passed by a Utah transfer on death deed?

Yes. Utah Code 75-6-412 says that during the transferor's life a transfer on death deed does not affect the owner's rights, including the right to transfer or encumber the property, and creates no legal or equitable interest in the beneficiary. The owner keeps everything until death, so the property is included in the gross estate and takes a date-of-death basis under Internal Revenue Code Section 1014(b)(9). Property held in a funded revocable trust, a payable on death account and a security registered in beneficiary form all reach the same result. Skipping probate costs nobody the step-up.

Sources:

This guide explains how the step-up in basis works for Utah inherited property. Tax outcomes turn on facts that vary by family, so take yours to a CPA or tax attorney. It is not legal advice.

Information current as of August 28, 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 Utah can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.