Selling stock with half stepped up basis

So I have some shares that have a 1/2 stepped up cost basis that would result in long term gains.
They were purchased in 2012 from one brokerage.
But I consolidated everything to another brokerage, Vanguard.

To get this nagging thing of remembering those shares and to reduce my work on keeping the records - can I sell them and buy them back immediately or shortly after?

The gain would be small because of the cost basis step up and I believe the stock price is reasonable to buy back in.

This is the last stock in the batch to go through this half stepped up basis - I’d just like to get it settled and move on without worrying about cost basis adjustments for IRS in the future.

It’s a gain, so is there no wash sale or anything rule?

thanks in advance,
nag

To get this nagging thing of remembering those shares and to reduce my work on keeping the records - can I sell them and buy them back immediately or shortly after?

Yes.

It’s a gain, so is there no wash sale or anything rule?

Correct. Wash sales only occur when you sell a stock that has a loss. You are basically harvesting a gain, paying taxes on that gain, and resetting your cost basis to a higher level.

AJ

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You are basically harvesting a gain, paying taxes on that gain, and resetting your cost basis to a higher level.

I meant to mention - you are also resetting your acquisition date. So you will need to hold for a year and a day after your new purchase to be taxed at LTCG rates.

AJ

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Thanks so much AJ

Always great advice.
I have ‘buys’ with div. reinvestments and other purchases after the step up stock purchases.

I just want to get the half cost basis stuff off the books and not have to remember (incase the broker messes up).

Yes, thanks for saying that new purchases reset the ST LT gain clock.
Just wanted to make sure I could just purchase it quickly after selling without issues.

thanks again!
nag

AJ’s answer is incomplete in this situation. While there is no wash sale if you sell for a profit, you need to look at the inherited shares separately from the original cost basis shares. You could be in a situation where the total of the share sale is a small capital gain, but what you have is a loss on the sale of the inherited shares and a gain on the original shares. In this case, you will have a wash sale on the inherited shares if you buy back within the wash sale window.

Ira

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you need to look at the inherited shares separately from the original cost basis shares. You could be in a situation where the total of the share sale is a small capital gain, but what you have is a loss on the sale of the inherited shares and a gain on the original shares. In this case, you will have a wash sale on the inherited shares if you buy back within the wash sale window.

Do you have a citation to support this view?

My understanding is when you inherit from a spouse in a non-community property state that it gets a half-stepped up basis.
If for example:
You live in Oregon, have 100 shares of DIS in a joint account, which you bought for $50.
Your spouse dies when it’s trading for $130.
I thought the result is you have 100 shares with a basis of $90, not 50 shares with a basis of $50 and 50 shares with a basis of $130.

BUT I do not have a citation to support that. (and when I try to search, I just keep getting things about community property getting the full step up. Or things about items like homes where it’s one entity when bought/sold.)

I think everything getting a half-step up in basis makes more sense - especially if you have an odd number of shares. BUT I am not not familiar with the laws in these states (I live in a community property state) and I know the law does not always make sense, so I may be wrong (or this could even be a grey area that’s not been settled in court yet)

My understanding is when you inherit from a spouse in a non-community property state that it gets a half-stepped up basis.
If for example:
You live in Oregon, have 100 shares of DIS in a joint account, which you bought for $50.
Your spouse dies when it’s trading for $130.
I thought the result is you have 100 shares with a basis of $90, not 50 shares with a basis of $50 and 50 shares with a basis of $130.

Your understanding is wrong. If the shares are owned “jointly” in a non-community property state, each spouse is deemed to own 50% of the shares. Only the shares owned by the decedent get their holding period and cost basis adjusted. For instance, if you (jointly) own 100 shares for 6 months when one spouse dies, the surviving spouse has 50 shares which are short term at the original cost basis and 50 shares at the date-of-death value for cost basis and “inherited” (long-term) holding period. The surviving spouse needs to wait another 6 months before all shares are long-term.

The logic is that there has been no event to require or justify a change in the cost basis/holding period of the shares attributed to the surviving spouse. It’s only the shares attributed to the decedent that have had such an “event”.

Ira

2 Likes

Thanks Ira,

I will have to look closely at that.

thanks all,
nag

Ok trying to disgest this

While there is no wash sale if you sell for a profit, you need to look at the inherited shares separately from the original cost basis shares. You could be in a situation where the total of the share sale is a small capital gain, but what you have is a loss on the sale of the inherited shares and a gain on the original shares. In this case, you will have a wash sale on the inherited shares if you buy back within the wash sale window..

I don’t think I’d have a problem, from a personal standpoint, to waiting 30 days to buy back in.

However, there will be a remaining balance (shares only owned by me) of the stock that will generate dividends, which are reinvested. I believe the next date div is in June.
It’s a small amount, but would that trigger a wash sale issue? I mean, it’s done automatically.

nag

I wonder if I could specify lots and only sell the inheritated half of those?

The stock purchases involved was one buy and many dividend reivestmests from 2012 to 2018.
All are long term, no matter what.

I’m just trying to clear up having to remember this half step up cost basis on half of these shares.

nag

However, there will be a remaining balance (shares only owned by me) of the stock that will generate dividends, which are reinvested. I believe the next date div is in June.
It’s a small amount, but would that trigger a wash sale issue? I mean, it’s done automatically.

It will trigger a wash sale for the few or partial shares purchased if the sale is within the 61 days window. Cancelling the reinvestment would prevent the issue.

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So many moving things for a small amount.

And I wouldn’t have known to look into this without you guys.

thanks so much!

nag

I wonder if I could specify lots and only sell the inheritated half of those?
Did the brokerage already split each of your lots into 2 lots for you?
One with your original basis, the other with your stepped up basis?

I’m just trying to clear up having to remember this half step up cost basis on half of these shares.

I think you mean the full step up cost basis on half the shares.

And the half-step-up cost basis on shares that are not possible to evenly split (because they’re a single share or it was an odd number of shares)

I think I get why you want to deal with this sooner, rather than later. :slight_smile:

Of course you do have some other options - donate the shares (cost basis doesn’t matter) or keep them until you die and then your heirs get a clean step up basis.

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I wonder if I could specify lots and only sell the inheritated half of those?
Did the brokerage already split each of your lots into 2 lots for you?
One with your original basis, the other with your stepped up basis?

I believe this is one of the situations where the broker is not required to adjust the basis in their records - but the shareholder is.

And the half-step-up cost basis on shares that are not possible to evenly split (because they’re a single share or it was an odd number of shares)

You can hold fractional shares and adjust the basis on them. It happens frequently when you use a dividend reinvestment program or purchase a mutual fund.

Ira

Maybe one more solution to this…

If the primary concern is getting rid of the paperwork hassle of half the shares getting a step-up in basis and half not getting the step up, and the wash sale outcome of selling the no-step-up batch along with the stepped up batch and then buying back the total number of shares is only a few bucks (OP’s definition of “few”), maybe a Gordian Knot solution: just sell them all, buy them back, and be done with it.

Eric Hines

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just sell them all, buy them back, and be done with it.

Only IF the shares with the stepped up basis are profitable, yes, you’d be done with it.

If the stock has gone down since the death, you would have a wash sale situation on those shares. (because you sold those shares for a loss, and bought replacement shares within 30 days.)

At least under what irasmilo has said is the treatment of inherited shares in a non-community property state. (And I assume they’re correct because I don’t find anything about it - neither supporting nor contradicting what they say is the way it is viewed by IRS)

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I believe this is one of the situations where the broker is not required to adjust the basis in their records - but the shareholder is.

OK - but how do you sell only the shares that have an adjusted basis?

Only way I can see is if the brokerage has split each lot into two lots for you so that you can sell the specific lots.
Then if you had lots A,B,C, became A1, A2, B1, B2, C1, C2, you could sell lots A1, B1, C1 and be done.
If the lots haven’t been split for you, you probably need to ask them to be split or something so that you could sell only the inherited shares.

You can hold fractional shares and adjust the basis on them. It happens frequently when you use a dividend reinvestment program or purchase a mutual fund.
If you sell a single share (say NVR) that was in a joint account at your spouse’s death (so half of it was inherited), and the half that was inherited is at a loss when you sell, but the half that was not is a gain, then you buy 1 share back the next day, are you saying you have a wash sale situation on that half-share?
That’d be even worse for keeping track of things IMO.

See my confusion and why the fool is important? They don’t apparently.

I’ll keep reading but please(!) put in fool reports on my account.
I have tried to delete my account with no success.

And yes, I have reported my own posts, I have badly reported my own existance.
I have requested it.
I have done so on the fool and through email.

These boards; such collective knowledge was just a gift in my timeline and probably yours.

nag

The temptation of loging in is too great, because well,

Anyway, please help me delete my account.

nag

Anyway, please help me delete my account.

nag

You can’t directly close your account. Email their customer service to request closing your account https://www.fool.com/contact/customer-service/

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