A Christmas Gift from Congress

The status of the Federal Estate Tax (affectionately known to some as the “Death Tax”) has been in a state of uncertainty for the last several years. In 2009 the tax existed and included an exempt amount of $3.5 million, meaning if the total value of your estate was less than the tax exempt amount, you did not have to be concerned with the tax. On January 1, 2010 the estate tax was repealed and we have operated for an entire year without an estate tax. On January 1, 2011 the tax was scheduled to return to its 2001 levels, which would include an exempt amount of only $1 million.

Congress and the President prevented a return to the 2001 estate tax levels when the President signed new tax legislation on December 17, 2010. This law provides very generous provisions for taxpayers in relation to the estate tax and removes the applicability of the tax for most individuals. Some highlights include:

-The tax exempt amount is now $5 million per individual. This means that together a couple can pass $10 million to their beneficiaries without paying an estate tax.

-Where there will be an estate tax, the maximum rate is 35%.

-The tax exempt amount is now “portable.” Meaning, if a spouse dies and does not use all of his or her exemption, the surviving spouse can claim the remainder. Under the old law, a couple would need to use tax-free or credit shelter trusts as a part of their estate plans in order to take advantage of both tax-exempt amounts.

-The Estate Tax and the Gift Tax are once again “unified,” meaning the exemption amounts are the same. Even when the tax-exempt amount was $3.5 million, the exempt amount for lifetime gifts was capped at $1 million. The exempt amount for lifetime giving is now $5 million.

This new law provides an incredible benefit for families. One should note that these new provisions are set to expire in two years, so either Congress will make these changes permanent or we will be facing the same situation again in December 2012. In the meantime, it looks like we will have a very happy new year (at least from a tax perspective).