Estate Tax Planning: How Does Your Strategy Look?
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How taxes have an impact on estate planning
Federal estate tax exemption
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Which estate taxes might come into play
Federal taxes
- Estate tax. Upon your death, the transfer of your taxable estate — which includes assets such as cash, securities and other property — could be subject to estate tax, if the value of your taxable estate surpasses the federal exemption limit. Generally, assets inherited by your spouse, if a U.S. citizen, aren't subject to estate tax given the unlimited marital deduction.
- Gift tax. When giving money or other assets away without the expectation of receiving anything in return, you could be subject to gift tax if your lifetime gifts, including your estate, exceed the federal exemption amount. Gifts to your spouse, if a U.S. citizen, are excluded from this tax.
- Generation-skipping transfer, or GST, tax. If you give money to grandchildren or relatives two or more generations younger than you, or to a non-family relation more than 37½ years your junior, GST tax may kick in. For gifts that skip a generation and are outside the annual exclusion amount, GST tax applies the highest federal estate tax rate on the asset transfer.
State taxes
How to minimize your estate tax burden
Giving during your lifetime to reduce your taxable estate
- A husband and wife have three married adult children and nine grandchildren, a total of 15 heirs (three children, three in-laws, nine grandchildren) and can give $32,000 to each heir without triggering any gift taxes. That means the husband and wife can remove $32,000 x 15 heirs = $480,000 from their estate each year.
- Now, let’s assume each of the nine grandchildren is of school age and the husband and wife would like to fund each child’s $25,000 annual private school tuition by paying their schools directly. That’s $25,000 x 9 grandchildren = $225,000 that they also can remove from their estate without any tax consequences.
- Combined, the annual gifts and tuition expenses allow the husband and wife to support their family while significantly shrinking their taxable estate by $705,000 every year. In this particular case, a side benefit is that the husband and wife can provide financial support when their children's families might need it most and can witness the fruits of their generosity with their own eyes, instead of waiting until after they are gone.
Using irrevocable trusts to remove assets from your estate
- With grantor retained annuity trusts, or GRATs, and spousal lifetime access trusts, or SLATs, you can move highly appreciated assets out of your estate.
- Intentionally defective grantor trusts, or IDGTs, allow you, the grantor or owner of the trust, to pay for any income tax owed on assets housed within the trust. This means you can further reduce your taxable estate each year by covering the cost of those annual taxes.
- Irrevocable life insurance trusts, or ILITs, can own a life insurance policy so that your heirs can use policy proceeds to handle estate taxes, keeping all of the assets you wanted to give intact instead of being diminished by a large tax bill.
Consult with advisors on your estate tax planning strategy
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