Will the Estate Tax Ever Go Away?

By: Thomas McNally
Submitted: 2007-01-17 16:15:25
Print this article | Tell a friend | For publisher | Social Bookmarking
Rating:
 

The “Estate Tax” is the tax that the government puts on the assets that are transferred to your beneficiaries when you die. Taxable assets can include real estate, stocks, money in a bank account, and other valuable belongings. It does not look like the estate tax will permanently go away. However, with careful planning, you can reduce taxes substantially.

Americans have been planning their estates in accordance with the Economic Growth and Tax Relief Act since 2001. This Act is important because it changed 441 tax laws and was the biggest estate tax reduction in 20 years. Here is an overview of what the Act covers:

Lower Tax Rate

The Act lowers the tax rate on the following taxes:

  1. The marginal estate tax; the tax levied on your estate when you die. Note: This tax can be a burden on heirs if you die and leave behind assets for them, but no monetary funds to cover the tax on that asset. For example, if you leave behind a home, the government might tax up to 55% of its value. Your heirs will have to find a way to pay those taxes if he or she wants to keep it. The Act’s lower tax rate helps to decrease the amount of taxes on assets such as your home so that your heirs are not overburdened, or forced to quickly sell the asset at a low price so funds to pay taxes are available.

  2. The generation skipping transfer tax (GST); the tax break given to you if you are transferring assets to a grandchild or great-grandchild.

  3. The gift tax; the tax levied on assets that are given away as gifts before you die.

Increased Asset Transfers

The Act increases the amount of assets that can be transferred at death without the estate or generation-skipping tax.

Temporary Tax Repeal

In the year 2010, the generation skipping tax will be repealed. This repeal means that grandparents can gift portions of their assets directly to their grandchildren and great grandchildren without having to lose a portion of those assets to taxes.

For the year 2010, the estate tax also will be repealed for one year. If you die in the year 2010, you can give your entire estate to your heirs without having to worry about paying any taxes. However, if you die in 2011, only $1 million is eligible to be passed on to your heirs without being taxed.

Because the estate tax will not be permanently repealed within the foreseeable future, it is important that you plan your estate so that your desires can be carried out in the most efficient manner, regardless of the year of your death.

Understanding the complicated tax system can be a challenge for someone not versed in tax law. If you are planning your estate protection and distribution, we recommend meeting with an attorney. Your attorney can walk you through the steps needed to ensure that your heirs receive as much of your assets as possible.

Thomas McNally is the staff writer at the National Directory of Estate Planning, Probate & Elder Law Attorneys. McNally stresses the importance of finding a qualified estate planning attorney to ensure that your estate passes to whom you want, when you want, and is carried out in the manner you've chosen.

Article source: Expert Articles

Most Recent Articles in Estate Plan Trusts category

  • Choosing Guardians for Children - By: Jamie Kahn
    The most important decision you'll make in your estate plan is appointing guardians for your minor children. Who you pick will impact not only your children but also the lives of your guardians. While you and your children may feel an affinity for a particular adult(s), that relationship could be strained in a 24-hour-a-day, 7-day-a-week environment.
  • How To Protect Your Retirement Savings For Your Golden Years - By: Gregg Hall
    Retirement is a glorious time every working individual looks forward to. It is a time of freedom, rest, and relaxation. It is also a time to do what you did not have time or resources to do when you were working.
  • Some Simple Strategies For Protecting Your Assets - By: Gregg Hall
    As elementary as it may sound, no matter how much money you make, you still need to find ways to hold onto it. There are many small steps to take that will add up to big savings in the end. If you value the assets you have accumulated, or if you feel you should be accumulating more, take this advice and make some minor changes.
  • Reverse Mortgage Supplemental Retirement Financing Strategy - By: Jon Hansen
    A reverse mortgage is a loan for senior citizens. It is often used to cover medical expenses, and is becoming a common way for retired persons to supplement their existing monthly retirement income.This is a loan that senior home owners may take against their current home.
  • Understanding The Benefits Of Forming Trusts - By: Alexander Gordon
    What is a Trust And Who Are The Settlor, Trustee And Beneficiaries?A trust is an institute of a special type of structure capable of holding title of the property-providing benefits to one or more people. It is a lawful relationship between the two people, the settlor and the trustee.
  • Trust Deeds – Breath A Debt Free Life at Easy Terms - By: Linda R Davis
    Trust deeds are considered as a convenient settlement of debts a debtor is no more able to pay off. The trust deeds are a method used in Scotland for easy clearance of debts. Usually elsewhere for lessening and time bound pay off of debts, debt management program is sought by the debt ridden person.
  • Ira Trusts: What's All The Hype About - By: Perry Fields
    A recent new development in estate planning is helping thousands of affluent people across the country with IRAs over 100,000 transcend estate tax and income tax. It keeps your beneficiaries from blowing all of the money you’ve worked so hard for.Its gives YOU the control over the conditions which must exist before your beneficiary can access the funds (other than the mandatory IRA distributions).
  • Enduring Power of Attorney Being Phased Out - By: Adrian Tatum
    In the UK the new mental capacity act is due to come into force on the first Monday in April 2007.The Act governs decision-making on behalf of adults who lack mental capacity, both where they lose capacity at some point in their lives, and where the incapacitating condition has been present since birth.This act covers all decisions, including personal welfare and financial matters, and covers decision-making on their behalf by attorneys, or court-appointed "deputies".
  • Probate and Estate Sales - By: Mika Hamilton
    “It's all about quality of life and finding a happy balance between work and friends and family.”-Philip GreenProbate and estate sales usually occur when someone wealthy dies. Estate sales have to be conducted because the decedent did not leave a will and everything is in his name.
  • Anguilla as a Offshore Jurisdiction - By: Gissela Martinez
    Anguilla is another jurisdiction with misleading bank secrecy. Commercial confidentiality is contained in the statues, BUT the government of Anguilla will co-operate fully with law enforcement agencies and regulators in other jurisdictions, think wholesale fishing expeditions and inquiries related to “possible” income tax violations. In other words records may be requested just to see if in fact there were any taxation violations that citizens of a certain country may have committed using Anguilla as a jurisdiction.