Transfer & structure

Gifting Startup Shares to Family

A gift carries over your original basis to the recipient — the opposite of an inheritance's stepped-up basis.

What it is

Transferring shares to a family member as a gift (rather than a sale) triggers no immediate capital gain for the giver, but the recipient generally takes on the giver's original cost basis and acquisition date — a "carryover" basis, not a stepped-up one.

Why it matters for a secondary

A common estate-planning move for appreciated illiquid stock, but gift-tax reporting (Form 709) can be required above the annual exclusion amount, and unlike an ordinary secondary sale to an unrelated buyer, a qualifying gift can actually preserve QSBS eligibility for the recipient in many cases — a genuine exception to the "QSBS doesn't transfer" rule covered in the QSBS deep dive.

Quick facts

Recipient's basis
Carryover — same as the giver's original basis, not stepped up
Gift tax reporting
May require Form 709 above the annual exclusion amount — confirm the current figure
QSBS treatment
A qualifying gift is one of the few transfer types that CAN preserve QSBS eligibility for the recipient

Common mistake: Confusing a gift's carryover-basis treatment with an inheritance's stepped-up basis — the two are opposite, and mixing them up misstates the recipient's future gain.

Frequently asked questions

Does the company need to approve a gift transfer?
Typically yes — most transfer restrictions and ROFR clauses apply to gifts the same way they apply to sales, so check your documents before assuming a family gift is exempt.
Is gifting better than selling for tax purposes?
It avoids triggering your own capital gain, but it also means you don't receive any cash — the right choice depends entirely on your goals, and is worth confirming with a tax advisor given the gift-tax mechanics involved.
Is this tax or legal advice?
No. This is independent educational content, not investment, tax, or legal advice. Tax law and thresholds change; confirm your specific situation with a qualified advisor before acting on it.