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Capital Gains and the Step-Up in Basis: Estate Planning Tactics, Compliance Traps, and Post-Death Planning Tools

Comprehensive exploration of basis step-up rules, planning strategies, and post-mortem considerations following the OBBBA’s increased estate tax exemption.

2025-09-26 13:00:00

Program Details

2025-09-26 13:00:00

2025-09-26 13:00:00

2h CLE Credits

Program Details

2025-09-26 13:00:00

Program Details

2025-09-26 13:00:00

Over 1,000+ webinars

2025-09-26 13:00:00

Course Overview

Mastering Basis Step-Up Planning After OBBBA

2025-09-26 13:00:00

Participants will learn to prioritize basis planning over estate tax avoidance under new exemption thresholds. Strategies for maximizing step-up across asset types and existing trust structures will be emphasized.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Basis Fundamentals
Tax basis is purchase price; step-up adjusts basis to fair market value at death.
02
OBBBA Impacts
The $15 million exemption shifts focus from estate tax to capital gains planning.
03
Asset Protection
DAPTs and ING trusts provide creditor protection while maintaining basis step-up eligibility.
04
Existing Trusts
Swap powers, decanting, and GPOAs can add basis planning flexibility to irrevocable trusts.
05
Entity Planning
Partnerships need 754 elections; S corporations face Section 1239 traps on liquidation.
06
Post-Mortem Elections
Alternate valuation and basis consistency rules require balancing estate tax against step-up benefits.

Program schedule

clock 1:00 pm - 2:00 pm EST

Introduction to Basis Planning for Estate Planners

This foundational session covers basis step-up fundamentals, including what qualifies for step-up treatment and the critical differences between capital gains and estate taxes. Attendees will explore how the OBBBA has shifted planning priorities, learn strategies for new clients using ING trusts and DAPTs, and discover techniques for clients with existing structures including swap powers, decanting options, and granting GPOAs while avoiding inadvertent deemed gifts.

Andrew BechelAndrew Bechel
John BungeJohn Bunge
clock 2:00 pm - 2:10 pm EST

Networking Break and Refreshments

Take a short break to refresh and connect with fellow attendees. Use this time to reflect on Session I concepts before diving into advanced topics.

Andrew BechelAndrew Bechel
John BungeJohn Bunge
clock 2:10 pm - 3:10 pm EST

Basis Step-Up Nuances and Post-Mortem Planning Strategies

This advanced session examines the unique basis challenges presented by partnership interests, S corporation stock, and income in respect of decedent assets including installment notes and depreciable property. Attendees will learn critical distinctions for community property and foreign property basis treatment, along with essential post-mortem planning elections that can significantly impact tax basis outcomes for beneficiaries.

Andrew BechelAndrew Bechel
John BungeJohn Bunge
Andrew Bechel

Andrew Bechel

Greenspoon Marder LLP

John Bunge

John Bunge

Holland & Knight LLP

Andrew Bechel

Andrew Bechel

Greenspoon Marder LLP

Andrew Bechel is a partner in the International Wealth & Asset Planning practice group at Greenspoon Marder LLP, with significant experience aiding clients with complex estate planning matters, including international trust structures, asset protection, tax-exempt organizations, and tax planning.

Experience

Mr. Bechel has aided clients with utilizing various domestic trust structures to maximize assets passed to lower generations free of estate and generation-skipping transfer taxes, setting up offshore trusts in jurisdictions such as the Cook Islands and Nevis, developing holding company structures for family businesses, utilizing trust structures to minimize state income taxes on business sales, restructuring family businesses to take advantage of Qualified Small Business Stock rules, and forming private foundations while navigating complex administration rules.
John Bunge

John Bunge

Holland & Knight LLP

John Bunge is a tax and private wealth services partner who helps clients navigate the confluence of tax planning, business succession planning and estate planning, seeking to find the most elegant solutions possible to reach their goals.

Education & Credentials

B.S. from the University of Kentucky, J.D. from the University of Alabama, LL.M in taxation from the University of Florida, CFA charterholder

Experience

John frequently advises clients seeking to save taxes in connection with a business sale or other liquidity event. He also counsels families regarding the formation, structuring and operation of family offices and private trust companies.
Andrew Bechel

Andrew Bechel

Greenspoon Marder LLP

Andrew Bechel is a partner in the International Wealth & Asset Planning practice group at Greenspoon Marder LLP, with significant experience aiding clients with complex estate planning matters, including international trust structures, asset protection, tax-exempt organizations, and tax planning.

Experience

Mr. Bechel has aided clients with utilizing various domestic trust structures to maximize assets passed to lower generations free of estate and generation-skipping transfer taxes, setting up offshore trusts in jurisdictions such as the Cook Islands and Nevis, developing holding company structures for family businesses, utilizing trust structures to minimize state income taxes on business sales, restructuring family businesses to take advantage of Qualified Small Business Stock rules, and forming private foundations while navigating complex administration rules.
John Bunge

John Bunge

Holland & Knight LLP

John Bunge is a tax and private wealth services partner who helps clients navigate the confluence of tax planning, business succession planning and estate planning, seeking to find the most elegant solutions possible to reach their goals.

Education & Credentials

B.S. from the University of Kentucky, J.D. from the University of Alabama, LL.M in taxation from the University of Florida, CFA charterholder

Experience

John frequently advises clients seeking to save taxes in connection with a business sale or other liquidity event. He also counsels families regarding the formation, structuring and operation of family offices and private trust companies.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs