Estate tax: definition, who pays

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Federal inheritance tax, also known as death tax, is a one-time tax on your right to transfer property when you die. The withdrawal is based on everything you own or have certain interest on your death, but is assessed only on the part of the value of your estate that exceeds the exemption level. For 2022, the estates valued at over $ 12.06 million (up from $ 11.7 million in 2021) are subject to tax. Married couples enjoy a combined exemption of $ 24.12 million.

How property taxes work

Inheritance tax is based on the value of a deceased’s estate on the date of death, before the assets are distributed to heirs. Here is the basic method to calculate it:

  1. Total the fair market value of most assets, including cash, securities, real estate, insurance, trusts, annuities, and business interests to determine your gross wealth. Keep in mind that the fair market value may not be the same as what you paid for the assets or their value when you acquired them.
  2. Subtract allowable deductions for items that are excluded from inheritance tax. These may include mortgages and other debts, estate administration fees, funeral expenses, property passed on to a surviving spouse, minor child support, charitable donations and bequests, and income taxes. estates paid to states. The difference is your taxable area.
  3. Add the value of taxable gifts for life to your taxable estate, starting with donations made in 1977.
  4. Subtract the exemption. The result is your inheritance tax base – the value on which the inheritance tax is calculated. The estate must file Form 706 declare inheritance tax within nine months of the date of the deceased’s death (or use Form 4768 request an automatic six-month extension).

Federal estate tax is progressive, so estates pay higher rates per dollar as the size of the estate increases. Here is a breakdown of the federal inheritance tax rate for 2022:

Source: IRS

For example, if someone died with an estate tax base of $ 22 million, the federal estate tax would be just over $ 8.7 million ($ 21 million taxable at 40% , or $ 8.4 million, plus $ 345,800).

How Many Americans Pay Federal Estate Tax?

On average, 1.6% of American adults who have died each year since 1934 owed an inheritance tax. However, the annual percentage fell to around 0.2% as of 2011, according to the latest data available from the IRS.

The decrease is mainly attributable to increases in exemption amounts over the past two decades. For example, estates worth $ 1 million were taxable in the early 2000s, compared to $ 12.06 million today.

How the rich reduce or avoid inheritance taxes

Very wealthy people also use various techniques to limit or even avoid inheritance taxes altogether.

“The wealthy continue to minimize inheritance tax exposure by donating and selling assets – preferably those with the potential for significant capital appreciation – to heirs and trusts for their benefit,” says Scott Goldberger, Estate and Trust Director of Kaufman Rossin Accounting and Consulting Firm in Boca Raton, Fla.

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(FREE) trusts also continue to be popular as a way to transfer future appreciation to heirs without inheritance tax, ”says Goldberger. estate savings and income tax.

While there are many strategies that help keep estate taxes down, there may also be a way to avoid them altogether. Unlike many countries, the United States taxes people based on their citizenship, not where they live. Some ultra-rich Americans are gaining citizenship in new countries to get around this problem.

Of course, it’s not as easy as getting a second passport. “For US citizens who seek to completely reduce their US tax obligations, they will have to relinquish their US citizenship,” says Armand Tannous, Vice-President North America and LATAM at Apex Capital Partners.

Which states have an inheritance tax?

Some states also impose property taxes. Here’s a breakdown of state tax rates and exemptions as of January 1, 2021:

Source: Tax foundation

Footnotes :

1. Connecticut’s exclusion rises to $ 9.1 million for 2022 and is expected to meet the federal threshold by 2023.

2. Maryland is the only state to impose both inheritance tax and inheritance tax.

Are inheritance tax and inheritance tax the same?

Inheritance tax and inheritance tax are both considered “death taxes” because they are triggered upon the death of a person. But they are not the same.

Inheritance tax is the amount levied on the deceased’s estate, after which the property is distributed to the heirs. Inheritance tax is levied on the share received by the heirs of the succession.

Although there is no federal inheritance tax, a handful of states impose one, including Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.

The financial report

Most Americans won’t pay inheritance taxes, as they have become rarer over the past few decades as the threshold for assets subject to them has increased. If you believe you are in a position at the time of your death where you will have to pay, it is important to work with an estate planning professional to find the best way to reduce the financial impact.

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