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

2025-09-26 13:00:00

2025-09-26 13:00:00

2 Credits

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

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

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Trusted by Legal Professionals

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Live stream programs

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70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how the OBBBA's increased exemption shifts estate planning priorities from estate tax avoidance to basis step-up planning strategies.

What will you gain

Attorneys will gain practical strategies for maximizing basis step-up through GPOAs, asset protection trusts, ING trusts, and post-mortem planning elections.

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

What will you learn

Attorneys will learn how the OBBBA's increased exemption shifts estate planning priorities from estate tax avoidance to basis step-up planning strategies.

What will you gain

Attorneys will gain practical strategies for maximizing basis step-up through GPOAs, asset protection trusts, ING trusts, and post-mortem planning elections.

Agenda

Session 1

Introduction to Basis Planning for Estate Planners

Break

Networking Break and Refreshments

Session 2

Basis Step-Up Nuances and Post-Mortem Planning Strategies

clock 1:00 pm - 2:00 pm EST

Introduction to Basis Planning for Estate Planners

Andrew Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

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 Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

clock 2:00 pm - 2:10 pm EST

Networking Break and Refreshments

Andrew Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

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 Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

clock 2:10 pm - 3:10 pm EST

Basis Step-Up Nuances and Post-Mortem Planning Strategies

Andrew Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

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 Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Andrew Bechel

Greenspoon Marder LLP

John Bunge

Holland & Knight LLP

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.

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

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.

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Why Attend

Why this 
program matters

Mastering basis step-up rules is critical for estate planners to minimize client tax burdens amid high exemptions that have shifted planning priorities from estate tax avoidance to income tax optimization.
$58B
Annual forgone federal revenue from stepped-up basis tax expenditure, representing about one-quarter of all capital gains tax revenues. (Joint Committee on Taxation via Peter G. Peterson Foundation)
$124T
Projected total wealth to be transferred through estates by 2048, with $105 trillion flowing to heirs and $18 trillion to charity. (Cerulli Associates, 2024)
55%
Share of estate value held as unrealized capital gains in estates worth over $100 million, making basis planning essential for the wealthiest clients. (Federal Reserve, CBPP)
0.1%
Percentage of American estates subject to federal estate tax under current high exemption levels, shifting planning focus to basis and income tax strategies. (ITEP)

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