LAWCHEK� & Lawsonline�
Personal Legal Sourcebooks
"LAWCHEK� Wills & Estates"

This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright � 2003 by LAWCHEK, LTD."

BACK TO QUESTIONS & ANSWERS

What are estate taxes?

Generally, a taxable estate of $600,000 or more will incur federal estate tax. The taxable estate includes an add-back for taxable gifts (those exceeding the $10,000 annual exclusion) made during life. The gift and estate tax structure are combined into one progressive tax rate structure affecting transfers both while living and at death. In other words, during one's lifetime a person can gift away up to $600,000 without paying any federal gift tax, and whatever portion of the unified credit has not been used during life is available at death. As an example, suppose Mother gave a $50,000 one time gift to each of her four children while she was living. She was required to file a gift tax return and report the $200,000 in gifts, even though no tax was currently due. Upon her death, $400,000 of the unified credit equivalent is available to offset her taxable estate.

There are several deductions from the gross estate in arriving at the taxable estate.  The most important is the marital deduction, which is explained in a separate question.  Other deductions are allowed for transfer to a charity, debts, allowable claims against the estate, and expenses of estate administration. IRC Sec. 2053. See question on Gross Estate for explanation of what is contained within the gross estate.

The unified credit offsets estate and gift tax liability of $192,800, which exempts $600,000 of taxable estate value from estate tax. IRC Sec.2010. This is oftentimes referred to as the $600,000 exemption, although it actually is a credit against tax for $192,800, which equates to a $600,000 exemption equivalent.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

BACK TO QUESTIONS & ANSWERS

 

 

LAWCHEK� Home Lawsonline� Home

Please contact us with any questions or comments by e-mail at webmaster@lawchek.net
or by phone at 1-800-529-5121.

Membership Terms & Conditions
Privacy Policy
Disclaimer

 

This site produced and powered by enlighten technologies, inc�.
COPYRIGHT �1994 - 2013 enlighten technologies incorporated�