Your MLP basis is going to zero. That's the strategy, not the problem. §1014 step-up at death eliminates deferred tax and §751 recapture in a single stroke — and the standard advice (“put everything in a trust”) can actually destroy the benefit.
By Lucas Andersen — Masters in Finance, proprietary energy trader, direct MLP holder
Last updated:
Key Takeaways
Your broker shows your EPD position is worth $74,617. The IRS says your basis is $0. If you sell, you owe $18,268 in federal tax — and your broker’s 1099-B will understate that by roughly $11,290, because the broker only sees the capital gain and never sees the $40,000 of §751 ordinary income that accumulated inside the K-1s. If you die holding those units, your heirs owe nothing. The basis resets. The §751 recapture disappears. The $18,268 in deferred tax is eliminated.
This is not a loophole. It is §1014(a) of the Internal Revenue Code, and it is the single most powerful estate-planning tool available to MLP investors. Yet most estate attorneys will tell you to put your MLPs in a trust — advice that, for direct MLP holders, can destroy the benefit it was meant to preserve.
I hold direct positions in EPD, ET, MPLX, WES, PAA, and NRP. The strategy I’m about to describe is my own. The numbers in this article were computed by the IRS Partner’s Basis Worksheet engine that powers the MLP Portfolio Tax Simulator, with every value traced to a specific IRC section.
Under §1014(a), inherited basis resets to fair market value on the date of death. For 1,000 EPD units purchased at $37.50 over 20 canonical years: basis erodes from $37,500 to $0 (hitting zero in Year 16), FMV at Year 20 is $74,617, accumulated §751 recapture is $40,000. Tax on a lifetime sale: $18,268 ($11,760 §751 ordinary + $6,508 LTCG with NIIT). Tax at inheritance: $0. The heir’s basis becomes $74,617, the $40,000 of §751 disappears, and if basis had been generating §731 zero-basis gains, those reset too.
The nuance: The step-up eliminates the prior owner’s accumulation. It does not permanently immunize the units. An heir who continues holding will begin accumulating their own basis erosion and §751 exposure from the inheritance date forward.
Irrevocable trusts holding MLPs post-death hit specific K-1 complications: rate compression (trust top bracket at ~$15,000 vs. ~$580,000 for individuals), potential UBTI under §512, multi-state filing obligations (ET operates in 40+ states), $500–$1,500/year in additional CPA costs per position, and limited or lost §199A QBI. These problems arise after the grantor’s death — exactly when heirs discover them.
IDGT trap: Intentionally Defective Grantor Trusts generally do NOT receive §1014 step-up, because assets sit outside the gross estate. For MLP holders with deep basis erosion, losing the step-up can cost more than the estate tax the IDGT was designed to avoid — a crossover that matters below the federal exemption ($13.99M per person in 2025).
When trusts DO make sense: estate exceeds federal exemption; state estate-tax exposure; creditor protection; blended-family control; Medicaid planning. If you need a trust for non-tax reasons, get one — but make sure your attorney understands K-1 mechanics and your trustee has a plan to distribute MLP units to beneficiaries quickly.
Canonical 5-MLP portfolio: EPD 1,000 units, ET 500, MPLX 500, WES 300, PAA 500. Total cost: $98,350. After 20 years: total FMV $195,695, total adjusted basis $0, accumulated §751 recapture $110,801. Scenario A (direct hold to death): heirs receive $195,695 with a clean stepped-up basis, eliminating $48,535 in deferred tax plus $110,801 in §751. Scenario B (sell in Year 20): net $147,160 to estate after $48,535 federal tax. Scenario C (irrevocable trust holds post-death): adds trust-rate compression, potential UBTI, multi-state filings, higher CPA costs. Hold advantage over sell-today: $48,535.
When basis erodes significantly, the counterintuitive correct response is to buy more units. Fresh basis enters the portfolio alongside the eroded lots. Distribution income increases. At death, everything steps up — old lots and new lots on the same date-of-death reset. The mathematically optimal strategy for a long-term holder passing wealth to the next generation: never sell, buy more when basis erodes, collect distributions, let §1014 handle the rest.
(1) Your basis is the closing price on the date of death — not the broker’s number. Get the date-of-death valuation. (2) Call your broker and correct cost basis immediately; brokers frequently carry forward the decedent’s eroded basis. (3) Your §751 exposure from the prior owner is zero — you start fresh. (4) You can sell virtually tax-free the next day (FMV minus stepped-up basis ≈ $0). (5) Or continue holding a high-yielding position with a clean basis.
Three questions to ask clients with direct MLP positions: (1) Do you know your adjusted basis in each MLP position? (Broker number is wrong.) (2) Has your estate attorney considered K-1 implications of your trust structure? (Most haven’t.) (3) Have you computed the §1014 step-up across your full MLP portfolio? (Usually larger than expected — around $48,535 in deferred tax plus $110,801 in §751 for the canonical 5-MLP portfolio.)
Coming soon: What happens to §1014 step-up when you hold US MLPs as a resident of Norway — treaty implications and reporting requirements.