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- TUTORIAL ON ESTATE TAXES
-
- Estate taxes are one of the most complicated areas of law in
- the United States. Many millions of dollars are needlessly lost
- to the government and not passed on to individual's heirs because
- of a failure to use legal means to reduce or eliminate the tax.
- At present, here are the raw basics. Please note that this
- tutorial does not discuss state level estate taxes. Coverage
- concerning the rates for these taxes is contained in the state
- taxation tutorial.
-
- If your gross estate at the time of your death is less than
- $ 600,000 then you owe no federal estate tax. The gross estate
- includes life insurance proceeds. Under certain limited
- circumstances life insurance trusts can be created which result
- in the life insurance proceeds being excluded.
-
- Married individuals can legally limit estate taxes in many
- ways. For example, equalizing the size of their estates. If one
- spouse has a $ 400,000 estate, the other $ 800,000, the result is
- the unnecessary taxation of the larger estate. As a practical
- matter if a married couple has $ 1.2 million in assets, if they
- equalize their estates and use "credit shelter" arrangments in
- their wills or trusts, there will be no estate tax.
-
- As we mentioned, the gross estate includes life insurance in
- most cases. However, life insurance can be excluded from the
- gross estate if you have a life insurance trust. These life
- insurance trusts are very complicated and have a lot of rules and
- exclusions attached to them. We are preparing a tutorial and form
- for them.
-
- The most common means to eliminate or reduce estate taxes is
- a lifetime gifting program. PRESENT LAW permits each person to
- make gifts of $ 10,000 per person per year. Thus, if you are
- married you and your wife can make gifts of $ 10,000 each to each
- of your children or other persons who would be your estate
- beneficiaries each year.
-
- If you have two children and are married, over a five year
- period, you could both gift $ 50,000 each to the children. This
- is a total exclusion from your estate tax of $ 100,000. By
- carefully planning making lifetime gifts, many very sizable
- estates can be reduced to the limits provided. Be sure to talk to
- a CPA or tax lawyer about your planning needs if you might have a
- gross estate that will hit the estate tax limits. We recommend
- that if you have a current estate of $ 400,000 or more that you
- assume that due to capital gains, etc., that your estate will
- probably be over the limit, or could be pushed over the limit.