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financeSaturday, September 26, 2026 at 10:28 AM
Terminally Ill Owner Faces $100,000 Capital Gains Hit on Rental Condo Before Potential Step-Up Basis at Death

Terminally Ill Owner Faces $100,000 Capital Gains Hit on Rental Condo Before Potential Step-Up Basis at Death

The decision pits immediate liquidity needs against the statutory tax advantage of death as a realization event. Primary tax code incentives favor retention until estate transfer. No policy shift alters this calculus in the near term.

What follows depends on medical prognosis timelines versus market conditions. If death occurs within two years, holding avoids the tax entirely under current statute; if prolonged, sale proceeds net of tax must be weighed against ongoing rental income loss and potential property value decline. No state-level relief applies absent documented hardship filings with the IRS.

⚡ Prediction

Treasury: No adjustment to stepped-up basis rules for estates below $15 million threshold before 2026

Sources (2)

  • [1]
    Internal Revenue Code Section 1014(https://www.law.cornell.edu/uscode/text/26/1014)
  • [2]
    IRS Publication 523(https://www.irs.gov/publications/p523)