US Code

Public Law 119-73 (01/23/2026)

26 U.S.C. § 1014

Basis of property acquired from a decedent

(a)

In general

Except as otherwise provided in this section, the basis of property in the hands of a person acquiring the property from a decedent or to whom the property passed from a decedent shall, if not sold, exchanged, or otherwise disposed of before the decedent’s death by such person, be—
(1)
the fair market value of the property at the date of the decedent’s death,
(2)
in the case of an election under section 2032, its value at the applicable valuation date prescribed by such section,
(3)
in the case of an election under section 2032A, its value determined under such section, or
(4)
to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.
(b)

Property acquired from the decedent

For purposes of subsection (a), the following property shall be considered to have been acquired from or to have passed from the decedent:
(1)
Property acquired by bequest, devise, or inheritance, or by the decedent’s estate from the decedent;
(2)
Property transferred by the decedent during his lifetime in trust to pay the income for life to or on the order or direction of the decedent, with the right reserved to the decedent at all times before his death to revoke the trust;
(3)
In the case of decedents dying after , property transferred by the decedent during his lifetime in trust to pay the income for life to or on the order or direction of the decedent with the right reserved to the decedent at all times before his death to make any change in the enjoyment thereof through the exercise of a power to alter, amend, or terminate the trust;
(4)
Property passing without full and adequate consideration under a general power of appointment exercised by the decedent by will;
(5)
In the case of decedents dying after , and before , property acquired by bequest, devise, or inheritance or by the decedent’s estate from the decedent, if the property consists of stock or securities of a foreign corporation, which with respect to its taxable year next preceding the date of the decedent’s death was, under the law applicable to such year, a foreign personal holding company. In such case, the basis shall be the fair market value of such property at the date of the decedent’s death or the basis in the hands of the decedent, whichever is lower;
(6)
In the case of decedents dying after , 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, or possession of the United States or any foreign country, if at least one-half of the whole of the community interest in such property was includible in determining the value of the decedent’s gross estate under chapter 11 of subtitle B (section 2001 and following, relating to estate tax) or section 811 of the Internal Revenue Code of 1939;
[(7)
Pub. L. 113–295, div. A, title II, § 221(a)(74)(B)128 Stat. 4049, (8) Repealed. , , ]
(9)
In the case of decedents dying after , property acquired from the decedent by reason of death, form of ownership, or other conditions (including property acquired through the exercise or non-exercise of a power of appointment), if by reason thereof the property is required to be included in determining the value of the decedent’s gross estate under chapter 11 of subtitle B or under the Internal Revenue Code of 1939. In such case, if the property is acquired before the death of the decedent, the basis shall be the amount determined under subsection (a) reduced by the amount allowed to the taxpayer as deductions in computing taxable income under this subtitle or prior income tax laws for exhaustion, wear and tear, obsolescence, amortization, and depletion on such property before the death of the decedent. Such basis shall be applicable to the property commencing on the death of the decedent. This paragraph shall not apply to—
(A)
annuities described in section 72;
(B)
property to which paragraph (5) would apply if the property had been acquired by bequest; and
(C)
property described in any other paragraph of this subsection.
(10)
Property includible in the gross estate of the decedent under section 2044 (relating to certain property for which marital deduction was previously allowed). In any such case, the last 3 sentences of paragraph (9) shall apply as if such property were described in the first sentence of paragraph (9).
(c)

Property representing income in respect of a decedent

This section shall not apply to property which constitutes a right to receive an item of income in respect of a decedent under section 691.

(d)

Special rule with respect to DISC stock

If stock owned by a decedent in a DISC or former DISC (as defined in section 992(a)) acquires a new basis under subsection (a), such basis (determined before the application of this subsection) shall be reduced by the amount (if any) which would have been included in gross income under section 995(c) as a dividend if the decedent had lived and sold the stock at its fair market value on the estate tax valuation date. In computing the gain the decedent would have had if he had lived and sold the stock, his basis shall be determined without regard to the last sentence of section 996(e)(2) (relating to reductions of basis of DISC stock). For purposes of this subsection, the estate tax valuation date is the date of the decedent’s death or, in the case of an election under section 2032, the applicable valuation date prescribed by that section.

(e)

Appreciated property acquired by decedent by gift within 1 year of death

(1)

In general

In the case of a decedent dying after , if—
(A)
appreciated property was acquired by the decedent by gift during the 1-year period ending on the date of the decedent’s death, and
(B)
such property is acquired from the decedent by (or passes from the decedent to) the donor of such property (or the spouse of such donor),
the basis of such property in the hands of such donor (or spouse) shall be the adjusted basis of such property in the hands of the decedent immediately before the death of the decedent.
(2)

Definitions

For purposes of paragraph (1)—
(A)

Appreciated property

The term “appreciated property” means any property if the fair market value of such property on the day it was transferred to the decedent by gift exceeds its adjusted basis.

(B)

Treatment of certain property sold by estate

In the case of any appreciated property described in subparagraph (A) of paragraph (1) sold by the estate of the decedent or by a trust of which the decedent was the grantor, rules similar to the rules of paragraph (1) shall apply to the extent the donor of such property (or the spouse of such donor) is entitled to the proceeds from such sale.

(f)

Basis must be consistent with estate tax return

For purposes of this section—
(1)

In general

The basis of any property to which subsection (a) applies shall not exceed—
(A)
in the case of property the final value of which has been determined for purposes of the tax imposed by chapter 11 on the estate of such decedent, such value, and
(B)
in the case of property not described in subparagraph (A) and with respect to which a statement has been furnished under section 6035(a) identifying the value of such property, such value.
(2)

Exception

Paragraph (1) shall only apply to any property whose inclusion in the decedent’s estate increased the liability for the tax imposed by chapter 11 (reduced by credits allowable against such tax) on such estate.

(3)

Determination

For purposes of paragraph (1), the basis of property has been determined for purposes of the tax imposed by chapter 11 if—
(A)
the value of such property is shown on a return under section 6018 and such value is not contested by the Secretary before the expiration of the time for assessing a tax under chapter 11,
(B)
in a case not described in subparagraph (A), the value is specified by the Secretary and such value is not timely contested by the executor of the estate, or
(C)
the value is determined by a court or pursuant to a settlement agreement with the Secretary.
(4)

Regulations

The Secretary may by regulations provide exceptions to the application of this subsection.

Aug. 16, 1954, ch. 73668A Stat. 296Pub. L. 85–320, § 272 Stat. 5Pub. L. 92–178, title V, § 502(f)85 Stat. 550Pub. L. 94–455, title XIX, § 1901(c)(8)90 Stat. 1803Pub. L. 95–600, title V, § 515(1)92 Stat. 2884Pub. L. 96–222, title I, § 107(a)(2)(A)94 Stat. 222Pub. L. 96–223, title IV, § 401(a)94 Stat. 299Pub. L. 97–34, title IV, § 425(a)95 Stat. 318Pub. L. 97–448, title I, § 104(a)(1)(A)96 Stat. 2379Pub. L. 105–34, title V, § 508(b)111 Stat. 860Pub. L. 107–16, title V, § 541115 Stat. 76Pub. L. 108–357, title IV, § 413(c)(18)118 Stat. 1508Pub. L. 111–312, title III, § 301(a)124 Stat. 3300Pub. L. 113–295, div. A, title II, § 221(a)(74)128 Stat. 4049Pub. L. 114–41, title II, § 2004(a)129 Stat. 454(, ; , , ; , , ; , title XX, § 2005(a)(1), , , 1872; , title VII, § 702(c)(1)(A), , , 2926; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 1 of this titlesection 7851(e) of this titleSection 811 of the Internal Revenue Code of 1939, referred to in subsec. (b)(6), was classified to section 811 of former Title 26, Internal Revenue Code. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding . See, also, for provision that references in the 1986 Code to a provision of the 1939 Code, not then applicable, shall be deemed a reference to the corresponding provision of the 1986 Code, which is then applicable.

act Feb. 10, 1939, ch. 253 Stat. 1section 1 of this titleThe Internal Revenue Code of 1939, referred to in subsec. (b)(9), is , . Prior to the enactment of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code was classified to former Title 26, Internal Revenue Code. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding .

Amendments

Pub. L. 114–412015—Subsec. (f). added subsec. (f).

Pub. L. 113–295, § 221(a)(74)(A)2014—Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in the case of an election under either section 2032 or section 811(j) of the Internal Revenue Code of 1939 where the decedent died after , its value at the applicable valuation date prescribed by those sections,”.

Pub. L. 113–295, § 221(a)(74)(B)Subsec. (b)(7), (8). , struck out pars. (7) and (8). Prior to repeal, par. (7) related to property representing a surviving spouse’s one-half share of community property held by the surviving spouse and a decedent dying after , and on or before , and par. (8) related to property representing certain interests of the survivor in a joint and survivor’s annuity in the case of a decedent dying after , and before .

Pub. L. 111–312Pub. L. 107–16, § 5412010—Subsec. (f). amended section to read as if amendment by , had never been enacted. See 2001 Amendment note below. Prior to amendment, text of subsec. (f) read as follows: “This section shall not apply with respect to decedents dying after .”

Pub. L. 108–3572004—Subsec. (b)(5). inserted “and before ,” after “,”.

Pub. L. 107–16, § 5412001—Subsec. (f). , added subsec. (f).

Pub. L. 105–341997—Subsec. (a). struck out “or” at end of pars. (1) and (2), struck out the period at end of par. (3) and inserted “, or”, and added par. (4).

Pub. L. 97–4481983—Subsec. (b)(10). added par. (10).

Pub. L. 97–341981—Subsec. (e). added subsec. (e).

Pub. L. 96–2221980—Subsec. (a)(3). substituted “section 2032A” for “section 2032.1”.

Pub. L. 96–223Pub. L. 94–455, § 2005(a)(1)Subsec. (d). repealed the amendment made by . See 1976 Amendment note below.

Pub. L. 95–600, § 702(c)(1)(A)1978—Subsec. (a). , designated existing provisions as pars. (1) and (2) and added par. (3).

Pub. L. 95–600, § 515(1)Subsec. (d). , substituted “” for “” in heading and text.

Pub. L. 94–455, § 1901(c)(8)1976—Subsec. (b)(6), (7). , struck out “Territory,” after “under the community property laws of any State,”.

Pub. L. 94–455, § 2005(a)(1)Subsec. (d). , substituted provision relating to the applicability of this section to decedents dying after 1976 for provision relating to a special rule with respect to DISC stock. See Repeals note below.

Pub. L. 92–1781971—Subsec. (d). added subsec. (d).

Pub. L. 85–3201958—Subsec. (d). repealed subsec. (d) which made section inapplicable to restricted stock options described in section 421 which the employee has not exercised at death.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–41, title II, § 2004(d)129 Stat. 456

section 6035 of this title“The amendments made by this section [enacting and amending this section and sections 6662 and 6724 of this title] shall apply to property with respect to which an estate tax return is filed after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 2014 Amendment

Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .

Effective Date of 2010 Amendment

Pub. L. 111–312section 301(e) of Pub. L. 111–312section 121 of this titleAmendment by applicable to estates of decedents dying, and transfers made after , except as otherwise provided, see , set out as an Effective and Termination Dates of 2010 Amendment note under .

Effective Date of 2004 Amendment

Pub. L. 108–357section 413(d)(1) of Pub. L. 108–357section 1 of this titleAmendment by applicable to taxable years of foreign corporations beginning after , and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end, see , set out as an Effective and Termination Dates of 2004 Amendments note under .

Effective Date of 1997 Amendment

Pub. L. 105–34, title V, § 508(e)(1)111 Stat. 860

section 2031 of this title“The amendments made by subsections (a) and (b) [amending this section and ] shall apply to estates of decedents dying after .”
, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 97–448Pub. L. 97–34section 109 of Pub. L. 97–448section 1 of this titleAmendment by effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, , to which such amendment relates, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–34, title IV, § 425(b)95 Stat. 318

“The amendment made by subsection (a) [amending this section] shall apply to property acquired after the date of the enactment of this Act [] by decedents dying after .”
, , , provided that:

Effective Date of 1980 Amendments and Revival of Prior Law

Pub. L. 96–223section 2005(a)(1) of Pub. L. 94–455Pub. L. 96–223section 1023 of this titleAmendment by (repealing and the amendment made thereby, which had amended this section) applicable in respect of decedents dying after , and except for certain elections, this title to be applied and administered as if those repealed provisions had not been enacted, see section 401(b), (e) of , set out as a note under .

Pub. L. 96–222Pub. L. 95–600section 201 of Pub. L. 96–222section 32 of this titleAmendment by effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, , to which such amendment relates, see , set out as an Effective Date of 1980 Amendment note under .

Effective Date of 1978 Amendment

Pub. L. 95–600, title VII, § 702(c)(10)92 Stat. 2928

Pub. L. 94–455“The amendments made by this subsection [amending this section and sections 1001, 1223, and 2614 of this title] shall take effect as if included in the amendments and additions made by, and the appropriate provisions of the Tax Reform Act of 1976 [, , 90 Stat 1525].”
, , , provided that:

Effective Date of 1976 Amendment

section 1901(c)(8) of Pub. L. 94–455section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .

section 2005(a)(1) of Pub. L. 94–455section 2005(f) of Pub. L. 94–455section 1015 of this titleAmendment by applicable in respect of decedents dying after , see , set out as an Effective Date note under .

Effective Date of 1971 Amendment

Pub. L. 92–178section 507 of Pub. L. 92–178section 991 of this titleAmendment by applicable with respect to taxable years ending after , except that a corporation may not be a DISC for any taxable year beginning before Jan. 1972, see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–320section 3 of Pub. L. 85–320section 421 of this titleAmendment by applicable with respect to taxable years ending after , but only in the case of employees dying after such date, see , set out as a note under .

Repeals

Pub. L. 94–455, § 2005(a)(1)Pub. L. 96–223, title IV, § 401(a)94 Stat. 299, cited as a credit to this section, and the amendment made thereby, were repealed by , , resulting in the text of this section reading as it read prior to enactment of section 2005(a)(1). See Effective Date of 1980 Amendments and Revival of Prior Law note above.

Election of Carryover Basis Rules by Certain Estates

Pub. L. 96–223, title IV, § 401(d)94 Stat. 300Pub. L. 99–514, § 2100 Stat. 2095

Pub. L. 94–455Pub. L. 95–600“Notwithstanding any other provision of law, in the case of a decedent dying after , and before , the executor (within the meaning of section 2203 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) of such decedent’s estate may irrevocably elect, within 120 days following the date of enactment of this Act [] and in such manner as the Secretary of the Treasury or his delegate shall prescribe, to have the basis of all property acquired from or passing from the decedent (within the meaning of section 1014(b) of the Internal Revenue Code of 1986) determined for all purposes under such Code as though the provisions of section 2005 of the Tax Reform Act of 1976 [] (as amended by the provisions of section 702(c) of the Revenue Act of 1978 [] applied to such property acquired or passing from such decedent.”
, , , as amended by , , , provided that: