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The Estate Tax Is Dead (Maybe)


Other Tax Changes That Affect Estate Planning

Other tax rules are changing, too.

Gift tax.Congress did not repeal the federal gift tax, although it raised the lifetime exemption and lowered the maximum tax rate. The lifetime gift tax exemption has gone up to $1 million and will stay there (unlike the estate tax exemption). That means you will be able to make a total of $1 million of taxable gifts over your lifetime before owing any federal gift tax. In addition, you can make an unlimited number of $12,000 gifts (to different recipients) of cash or other property each calendar year, completely tax-free. (These gifts do not count toward your lifetime exemption.)

Generation-skipping tax. This is an extra federal tax on transfers made from older folks to someone in their grandchildren's generation. When the estate tax is repealed in 2010, the generation-skipping tax will also disappear. Until 2010, the exemption amount will be the same as the estate tax exemption amount (shown in the table above).

Basis of inherited property. A change with far more widespread implications is the end of the "stepped-up basis" rule for inherited property. Under current law, when you inherit something, your tax basis (which is used to calculate your taxable profit when you sell something) is the market value of the property on the date of the former owner's death. So if the property's value has gone up significantly since the former owner acquired it, the basis is "stepped-up" to the date-of-death value. That means you get a big tax break when you sell, because your taxable profit is based on the date-of-death value, not the lower basis of the former owner.

That rule will end when the estate tax does, in 2010. From then on, when you inherit property, you can choose to take a stepped-up basis for only $1.3 million of it. If you inherit more than that, for the rest of the property, your basis will be the former owner's basis or the date-of-death market value, whichever is smaller. You'll have to choose which of the assets get the stepped-up basis.

Copyright 2007 Nolo


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