The federal estate and gift tax rate for deaths in 2011 and 2012 is 35%. For deaths in 2013 and beyond, it is 40%.
Yes. Here are some of the most popular:
The federal gift and estate tax are really just one tax. The individual exemption amount applies to property you give away during life or leave at your death. In other words, you can transfer, either while you're living or at your death, up to $5.49 million of property tax-free for deaths in 2017. This exemption amount rises each year because it is indexed for inflation.
Most gifts are tax-free, which means they don't count against the personal exemption amount. Only gifts of more than $14,000 per year to any one person or noncharitable institution are taxable. Making gifts of $14,000 or less, however, can yield substantial estate tax savings if you keep at it for several years.
Some gifts are exempt from the gift/estate tax no matter what their amount. For example, if your spouse is a U.S. citizen, you can give your spouse an unlimited amount of property free of gift tax. A noncitizen spouse can receive up to $149,000. (This amount is also indexed for inflation.) Any property given to a tax-exempt charity avoids federal gift taxes, and money spent directly for someone's medical bills or school tuition is exempt as well.
Yes. Even if your estate isn't big enough to owe federal estate tax, the state may still take a bite.
State estate tax. Some states collect tax from estates that aren't big enough to owe any federal tax. The tax rate is generally far less than the federal estate tax rate.
For example, in Oregon, estates worth more than $1 million may owe state estate tax. Property left to a surviving spouse, however, is exempt from state estate tax, just as it is exempt from federal estate tax.
More information on each state's estate tax.
Inheritance tax. A few states impose a separate tax, called an inheritance tax, on a deceased person's property. The rate depends on who inherits the property; usually, property that passes to spouses and other close relatives is not taxed or is taxed at a very low rate.
More information on each state's inheritance tax.
If your state imposes estate or inheritance taxes, there probably isn't much you can do. However, if you live in two states -- winter here, summer there -- your inheritors may save money if you can make your legal residence in a state that doesn't impose these taxes.
For a comprehensive guide to estate planning, get Plan Your Estate, by Denis Clifford (Nolo).
Most estates -- more than 99.5% -- don't. The federal government imposes estate tax at your death only if your taxable estate is worth more than $5.49 million (for deaths in 2017). Assets left to a surviving spouse (as long as the spouse is a U.S. citizen) pass free of estate tax, no matter what the value. This rule became applicable to same-sex married couples in June 2013, when the U.S. Supreme Court struck down parts of the federal Defense of Marriage Act as unconstitutional. Assets left to a tax-exempt charity are also exempt from estate tax.