Estate Tax In Limbo

It has been well publicized that the estate tax that we are all so familiar with disappeared for 2010.  There was speculation that Congress would act before allowing that to happen, especially with the federal government’s need for as much revenue as it can get.  However, other policy matters took center stage and the estate tax issue was not addressed.

As it stands now, if Congress does absolutely nothing, the estate tax will resurface again in 2011, and the exemption will be at the same level as it was back in 2002, $1 million.  This amount is far below the $3.5 million exemption in 2009.  It is widely believed that this will not happen, that something will be done before, but it is possible that we will see 2002-2003 level exemptions for estate tax purposes.

So what can you do? Obviously nobody in their right mind would try to time their date of passing, so for the most part you don’t do much.  If someone in your family does pass however, there are a lot of tax implications that must be examined by a tax professional.  CNN Money discusses the issues here.  If so you should speak with a financial/tax adviser so that you ensure you employ the best strategies for your estate, or that of your loved ones.

The Estate Tax: California Doesn’t Have One … For Now

You have undoubtedly heard about the estate tax by now.  Opponents of the tax like to call it a death tax, as that is what triggers the tax.  They attach a morbid word to the term in an effort to drum up opposition to the tax.  Basically it is a tax on your right to transfer your property upon death.  When someone passes away, all of the property they own or have a certain interest in is considered their “gross estate.”  After you perform some allowed deductions and calculations you arrive at a taxable estate.   If this taxable estate exceeds a certain exemption amount, it is taxed on the exceeded amount.

For 2009, this amount is $3.5 million, and the highest rate is 45%.  It was set to completely disappear next year, and revert back to $1 million in 2011.  Which means, if nothing is done, those with very sizeable estates who pass away next year are “lucky” in a sense that they hit the estate tax jackpot.

This scenario is highly unlikely as I’ve written before how President Obama plans to freeze the current exemption, $3.5 million.  With proper planning, this tax can be avoided by most families, as $3.5 million is a fair amount.

California is one of a few states who do not collect any type of death taxes, estate, inheritance or gift.  Since 2005, estates don’t even have to file an estate tax return with California, because the US phased out a credit that the states received from the Federal tax.

What surprises me is that California is in such a financial mess, yet we haven’t heard any talk of an estate tax resurrecting itself.  They’ve increased taxes wherever they can, to much opposition.  But the budget is so unbalanced how long before we  see talk of implementing an estate tax at a lower exemption amount to capture more assets?  I hope they’re not reading this, I don’t want them to get any ideas!