A Brief History of Federal Estate, Gift and Generation-Skipping Tax
The current federal estate tax has been in effect since 1916. The original legislation provided a $50,000 exemption with marginal tax rates ranging from 1% to 10%,
for estates over $10 million. In 1924, concerned about the erosion of the base for estate taxes through lifetime gifts, Congress enacted the first gift tax with rates from 1%
to 25%. This gift tax was repealed two years later, but was reinstated in 1932. Donors were allowed a $50,000 exemption and a $5,000 annual exclusion per
donee. During the years 1943-1976, the basic provisions of the federal estate and gift tax laws remained substantially unchanged. The law allowed a $60,000 Estate
tax exemption with tax rates ranging from 3% to 77%. The gift tax exemption was fixed at $30,000 with an annual exclusion of $3,000 per donee. During this period,
the gift tax rates were lower than the estate tax rates, making gifts more attractive.
With the Tax Reform Act (TRA) of 1976, the structure of the federal estate
and gift tax laws changed considerably. This Act unified estate and gift taxes with a single rate structure. TRA provided for a maximum tax rate of 70%. With the
Economic Recovery Tax Act of 1981 (ETRA), the estate and gift tax was substantially changed with a graduated increase in the equivalent exemption to $600,000 in 1987.
The marginal tax rate was decreased from 70% to 55%, all limits on the marital deduction were removed, and the annual gift tax exclusion was raised to $10,000.
With the Deficit Reduction Act of 1984, the Tax Reform Act of 1986, and the Omnibus Budget Reconciliation Acts of 1987, 1990 and 1993, various changes were made in
Estate and Gift tax laws. The 1986 Tax Act also instituted the current generation-skipping tax on transfer to grandchildren and more remote descendants. With the
Taxpayer Relief Act of 1997, Congress provided for an increase in uneven increments in the unified credit to an equivalent of a $1 million exemption by the year 2006. It
also allowed for a special exclusion for qualified family owned business and other provisions. Currently the top Estate and Gift tax rate is 47%, with a rate of 37% on
assets in excess of $650,000 (the current equivalent exemption). A martial deduction is allowed on all assets passed from one spouse to another. There is a $11,000
per year, per donee annual exclusion from gift taxes and a $1 million generation-skipping lifetime exemption allowed with an effective rate assessed of 80% on money transfers
to grandchildren after use of the $1 million exemption.
Under the 2001 Tax Act, the rate of Estate Tax and Generation-Skipping Tax is reduced to 45% by 2009 and the lifetime exemption increases to $3.5M then both are repealed in
2010 only to "come back" in 2011 at a 50% rate with a $1M exception.
The gift tax is reduced to 35% with a $3.5M exception but not repealed.
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