How does an estate plan reduce taxes?
Payment of estate taxes can significantly diminish the size of a person’s estate, and therefore greatly reduce the value of each beneficiary’s gifts. A well-thought out estate plan serves to reduce estate taxes by reducing the value of the assets that pass through probate (by will or under intestacy) in order to avoid the assessment of taxes.
Will my estate be subject to federal taxes?
Your estate is subject to federal taxes if it exceeds roughly $11 million if unmarried, or $22 million if married.
However, if your estate exceeds the exemption amount you can reduce estate taxes by reducing the estate’s probate value before your death. You can do this through nonprobate transfers. Examples include lifetime gifts, tax-saving trusts, and taking advantage of the unlimited marital tax deduction. It’s best to consult an attorney experienced in estate planning to help you in this respect.
What is the “unlimited marital tax deduction”?
The unlimited marital tax deduction exempts any property left to your spouse from federal death taxes as long as she has U.S. citizenship. There is no limit on the amount you can leave to your spouse to avoid the assessment of taxes. So, you can leave your entire estate. The deduction applies even if your estate is worth more than the tax-exempt amount.
It may be tempting to leave everything to your spouse to avoid payment of the taxes. However, that may only have the effect of deferring payment of the taxes if your spouse does not remarry (because she will not be able to take advantage of the deduction on her death). This means that she will probably die owning all of the property. Then it will be subject to taxes on her death. This is especially of concern if you are both elderly. To find out how to avoid this result, consult a tax attorney. They can help you understand other estate planning options.
At what rate is my nonexempt property taxed?
The federal estate tax rate is high, and ranges from 39 to 48 percent. This means that nearly one-half of your nonexempt estate will go towards the payment of taxes. That would be a huge loss for your beneficiaries! To avoid this result, and to maximize the amount that your beneficiaries receive on your death, plan ahead. There are many ways to reduce estate taxes:
- Leave property to your spouse – if he is a U.S. citizen the gift will be tax-free.
- Give cash gifts before you die. You can give up to $15,000 (or $30,000 if it is a joint gift with your spouse) per recipient per year tax-free.
- Make lifetime gifts of your property.
- Set up tax-saving trusts and place your assets in the trusts to shield them from taxes.
- Donate money to an IRS-approved charity – the gift will be tax-free.
How is the federal estate tax computed?
The government will tax any portion of your estate that exceeds the exemption amount, based on its current fair market value.
What property does my the taxable estate include?
The taxable estate includes your probate estate (whatever passes under your will or by intestate succession) plus certain nonprobate transfers. Examples include the value of any life insurance or a 401k plan or property in a revocable trust. Examples of property that may be taxed include the family home, any cars, jewelry, stocks, and bank accounts.
A good estate plan is one that helps reduce estate taxes. Therefore, be sure to make the most of the unified credit and the unlimited marital deduction. Doing so will preserve the value of the property so it transfers to your beneficiaries instead of to the government.
Will I have to pay death taxes to my state as well?
Most likely, but it depends on the state in which you live. There are three types of death taxes that a state can charge:
- Estate taxes – paid by your estate before distribution to the beneficiaries.
- Inheritance taxes – paid by your beneficiaries after they receive the property (there are exemptions for gifts to spouses and other family members).
- Pick-up taxes – comes out of the share you pay under the federal estate tax and is equal to the state death tax credit provided under the federal estate tax.
Will my estate have to pay taxes on gifts that I leave to a charity?
No. The IRS (and most states) provides an exemption from federal estate taxes on charitable gifts made to an approved charity.
TIP: You can find a comprehensive list of charities that qualify for tax-exempt donations in Publication 78, Cumulative List of Organizations. You can find this IRS publication at your local library or download it from the IRS Web site.
Will my estate have to pay taxes on other gifts?
Yes, depending on the state in which you live. A few states impose a gift tax, and the rate will vary depending on state law. The tax is usually limited to property that you give away during a specified time before your death (e.g., 2 years before your death). However, under the “gift tax annual exclusion,” the first $15,000 made to any person is tax-free every year. That means that you can give $15,000 to as many people as you like every year and the gift will not be subject to the gift tax. And if you and your spouse make the gift together, the exemption amount is $30,000.
What if I give my daughter $15,000 during my life, and before my death she invests it so that it has increased to $20,000. If the first $11,000 is tax-exempt, then does she pay gift tax on the remaining $9,000?
No. That is the beauty of the lifetime gift. The tax is levied only against the value of the property at the time the gift was made, not against any increase in value. Therefore, at the time you made the gift, it was $15,000. The first $11,000 is exempt from tax, so she will have to pay gift tax on only $4,000. The $5,000 increase in value is not subject to the gift tax! (Note: She will have to pay income tax on the increase.)
To understand the advantage of making this type of lifetime gift, consider what would happen if you had kept and invested the money yourself. Say you took $15,000 and invested it during your life, so that when you died the amount had earned $5,000 in interest. The full $20,000 would be a part of your probate estate and your estate would pay taxes on the full $20,000. The lifetime gift to your daughter protected $16,000 from taxes. The $11,000 that was exempt under the gift tax annual exclusion and the $5,000 increase in value.
Will my estate have to pay income taxes?
Yes, if any of the property in your estate generates any income (usually in the form of interest) before the estate closed. Some sources subject to income tax include deferred compensation, dividends declared before death, royalties, and proceeds from a sale that was entered into before you died.
What is an inter vivos gift?
An inter vivos gift means one made while you are still alive. It can reduce your taxable estate. If you no longer own the property when you die, it can’t be taxed. Though it may be subject to tax if it is made during the 2 years before your death. These gifts also avoid probate and allow your beneficiaries to enjoy the property much sooner.
TIP: For cash gifts, the first $15,000, or $30,000 if it is a joint gift from you and your spouse, will be tax-free.
