When a trust becomes irrevocable upon the death of the Grantor, if there is Federal or Estate tax ($5.6 million starting point, 2018) to be applied because of the value of the assets [state levels start as low as $635,000 in 2018) Depending on which state] the Estate Tax is applied to the value of the assets at time of death irrespective of whether in securities or cash.
Capital Gains Tax: the assets are valued at the date of death and not at the cost basis (Value is "STEPPED UP") that the Decedent had purchased the shares at originally.
For Capital Gains Tax purposes, whether the shares are transferred to the Beneficiaries in kind, or the Estate sells the shares and transfers the proceeds, the issue will be that Capital Gains Tax will not be liable if the shares either are transferred or liquidated if the value at time of transfer is the same or lower than at date of death. If the value has increased (STEP-UP in BASIS), the Beneficiaries will have a cost basis of the value at date of death, so if the shares are transferred, it is their call on when to sell and whether or not they will be liable to Capital Gains Tax.
If the Estate sells the shares and thus recognizes Capital Gains, which in cash will be distributed, then the Beneficiaries will find the K-1 Schedule does indeed report to them a Capital Gain on which they will be liable outside of their control. Thus it may be better to transfer the shares if it can be done equitably.
If this posted response is useful to you, please click on the upraised hand in the lower left of this post. Thank you. Scruffy Curmudgeon--PFFM/ IAFF, retired FireFighter/Paramedic - Locals 718/30, Veteran USAR O3 AIS/ASA '65-'67
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