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Today's Estate Tax
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Gift and Estate Tax Rates 2005 |
(A) |
(B) |
(C) |
(D) |
Taxable amount over |
Taxable amount not over |
Tax on amount in column A |
Rate of tax on excess over amount in column A Percent (%) |
$1,000,000 |
$1,250,000 |
$345,800 |
41% |
$1,250,000 |
$1,500,000 |
$448,300 |
43% |
$1,500,000 |
$2,000,000 |
$555,800 |
45% |
$2,000,000 |
.... |
$780,800 |
47% |
The tax law provides an applicable exclusion amount of $1 million for gift tax. The exclusion for
estate tax is $1 million 2003, $1.5 million for 2004 & 2005, $2 million for 2006 through 2008. $3.5 million in 2009 & no estate tax in 2010. Top estate tax rate will decline to 48% 2004, 47%
2005, 46% 2006 and 45% for 2007, 2008 and 2009. Sunset provision: All years beginning after December 31, 2010, the 2001 law ('86 Code) will apply. The gift tax will continue in 2010 at the 35% rate. |
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Issues to Consider in Evaluating the Estate Tax
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ISSUE - Only 2% of Americans pay the estate tax. |
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CONSIDERATION - Many families sell their business early to avoid a 47% tax on the market value
of all their assets which eliminates the livelihood of the family business and each year a new 2% of taxpayer pays the tax. With the growth of small business, this
number is expected to grow substantially. |
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ISSUE - Charitable donations will decrease without the estate tax. |
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CONSIDERATION - Less than 20% of donations come from estates and bequests, and charitable
giving has been on a constant rise, after inflation, for the last 40 years even though tax laws have changed substantially. This is because families give first because
they have the ability to give and a passion to give, than use the tax laws to structure. |
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ISSUE - The tax is needed to eliminate concentrations of wealth. |
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CONSIDERATION - As the economy has moved to the "new economy" - the income
distribution between the wealthy and the poor has widened because skilled labor, who are paid more, are in greater demand than the unskilled labor in this country.
Greater growth has occurred at higher levels of employment not concentrations of wealth. |
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ISSUE - 1) Raising the lifetime exemption or 2) expanding the family business definition is
the solution to the problem. |
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CONSIDERATION - 1) Small businesses are opposed to raising the exemption because that has not
solved the problem in the past. With profit and inflation, eventually it will not be high enough and they will soon be faced with the same problem they have today.
2) To take advantage of the "family business carve-out," families must spend thousands of $'s in attorneys and accounting fees only to discover that it will not
work for their business because family businesses are unique and difficult to define. That is why few can take advantage of the current benefit. And, many family
businesses do not take advantage of the current exemptions and allowances because they are unaware of the need to plan for the estate tax before their death. |
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ISSUE - Eliminating the estate tax will cost $350 billion over ten years. |
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CONSIDERATION - This revenue estimate does not consider the increase in revenue from the
elimination of the "step-up in basis" of the asset once the tax is repealed, which could, over time, be as much as the tax currently generates. |
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ISSUE - The estate tax only effects the wealthy. |
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CONSIDERATION - When a family business sells out early or after death to pay the tax, many
times to a larger corporation whose not faced with the estate tax, the employees positions are eliminated or consolidated, the community looses and jobs are lost. |
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© 2006 by Policy and Taxation Group
A California Corporation |
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