Share

LLG Blog

Thursday, February 4, 2016

What is an Estate Tax? Is It the Same as an Inheritance Tax?

While the terms "estate tax" and "inheritance tax" are often used interchangeably, they are not synonymous. Let's try to clarify the difference.

Estate Tax

Estate tax is based on the net value of the deceased owner's property.  An estate tax is applied to these assets when they are transferred to the beneficiary. It is important to remember that an estate tax doesn't have anything to do with the beneficiary or that person's resources.

Federal estate tax only affects individuals who die with more than $5.45[s1]  million in assets and individuals with such large estates can leave that amount to their beneficiaries without being subjected to a  tax liability. Ninety-nine percent of the population will not owe federal estate tax upon their death.

In most circumstances, no federal estate tax is levied against spouses. As of the Supreme Court's recent ruling, this includes gay married couples as well as heterosexual couples. Federal estate taxes can, however, be charged if the spouse who is the beneficiary is not a citizen of the U.S. In such cases, though, a personal estate tax exemption can be used.  Even where remaining spouses have no liability for federal estate tax, they may be charged with state taxes in some states, taxes which cannot be avoided unless the couple relocates.

Inheritance Tax

Inheritance tax, as distinguished from estate tax, is imposed by state governments and the tax rate depends on the person receiving the property, and, in some locations, on how much that person receives. Inheritance tax can also vary depending upon the relationship between the testator and the benefactor. In Pennsylvania, for example, a spouse is not taxed at all; a lineal descendant (the child of the deceased) is taxed at 4.5 percent; a sibling is taxed at 12 percent, and anyone else must pay 15 percent.

Exemptions

There are exemptions that can reduce the amount of inheritance tax owed by significant amounts, but it is important that there be proper documentation of such exemptions for them to be applicable. Any part of the inheritance that is donated to charity does not require inheritance tax payment on the part of the beneficiary. Because of the inherent complexities of tax law and the variations from state to state, working with a tax attorney who has expertise with state tax laws s the best way to make sure you take advantage of any possible tax exemptions or avoidance.

 

Archived Posts

2021
2020
2019
2018
2017
2016
2015
December
November
October
September
August
July
June
May
April
March
January
2014
2013


Littorno Law Group assists clients throughout Contra Costa County from our offices in Pittsburg, Pleasant Hill and Rancho Bernardo, California, including Antioch, Brentwood, Clayton, Concord, Lafayette, Moraga, Martinez, Danville, San Ramon, Pleasanton, Livermore, Fremont, Oakland, Piedmont, San Diego, Escondido, San Marcos, Vista, Oceanside, Carlsbad, Fallbrook, Bonsall, Encinitas, La Jolla, Poway, Rancho Bernardo, Del Mar, and the surrounding areas and suburbs.



© 2023 Littorno Law Group | Disclaimer
PITTSBURG OFFICE/MAILING: 2211 Railroad Ave, Pittsburg, CA 94565
| Phone: 800.689.4211 | 925.432.4211
PLEASANT HILL OFFICE: 3478 Buskirk Avenue, #1000, Pleasant Hill, CA 94523
| Phone: 800.689.4211 | 925.937.4211
RANCHO BERNARDO OFFICE: 16935 West Bernardo Drive, Rancho Bernardo Courtyard, #100 East Lobby, San Diego, CA 92127
| Phone: 800.689.4211 | 760.525.3140

Estate Planning with Revocable Living Trusts | Probate Estate Administration | Elder Law and Medi-Cal Planning | Veteran's Benefits | Prepaid Legal Plans | Advanced Estate Planning | Planning for Children | Estate Litigation | IRA Beneficiary Trusts | Littorno Law Trust Maintenance Program | Estate Tax Planning | Pet Trusts | Estate Planning/Non-Traditional Families | | Staff | Library

FacebookLinked-In Company

-
-


Make a Payment