Estate Planning News

House Votes To Reform Estate Tax

The U.S. House of Representatives voted today to reform estate taxes by passing the Permanent Estate Tax Relief Act (H.R. 5638).

Also known as the “death tax,” the estate tax is a tax on the value of a deceased individual’s assets before they are passed to their heirs.

The bill reunifies the estate, gift, and generation-skipping transfer taxes and increases the estate and death tax exemption to $5 million per person. In addition, married couples can carry over any unused part of their spouse’s $5 million exemption. For estates between $5 million and $25 million, the rate of tax will be the same as the capital gains tax rate. On estates valued at more than $25 million, the top marginal rate of tax will be double the capital gains tax rate.

Estates valued at $5 million or less would be subject to no estate tax beginning in 2010. Between $5 million and $25 million would be subject to a 15% tax in 2010 and a 20% tax in 2011 and thereafter, unless the lower rates are extended by a separate law. Estates at or exceeding $25 million would be subject to a 30% tax in 2010 and a 40% tax in 2011 and thereafter, unless the lower rates are extended by a separate law.

The death tax relief provided in the first Bush tax cut (Public Law 107-16, the Economic Growth and Tax Relief Reconciliation Act of 2001) will end at the start of 2011. Without further legislative action, the estate tax exemption will drop to $1 million per person and the maximum estate tax rate will increase to 55% (with a possible 5% surtax) in 2011, after years of decreasing estate tax rates and increasing exemptions.

“The current law has created huge uncertainty by calling for an unlimited exemption in 2010 and then dropping to an exemption in 2011,” said U.S. Rep. Bob Inglis (R-SC). “That’s not workable. This reform will give some certainty of tax treatment and a fairer tax treatment. Individuals with substantial farms, businesses and other appreciated assets of up to $5 million will be able to pass those assets to their heirs estate-tax-free. Individuals with estates of over $5 million will pay estate taxes."

Contact our Delaware estate planning attorney now.

	Did You Know?
	A "Living Trust" can be used to hold legal title to and provide a mechanism to manage your property You can select the person or persons you want -- often even yourself -- as the Trustee(s) to carry out the instructions you want in the Trust and name one or more Successor Trustees to take over if you cannot. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are "revocable" which allows the person who creates the Trust to make future changes, modifications and even to terminate it.