Inheritance Tax: What It Is, How to Avoid It

What is an inheritance tax?

An inheritance tax is a tax on assets inherited from someone who died. The person who inherits the assets pays the tax, and rates can vary based on the size of the inheritance as well as the inheritor's relationship to the deceased. In 2023, there is no federal inheritance tax, and only six states impose a state-level one.

Inheritance tax returns and tax bills are typically due within several months of the decedent's death.

Is there a federal inheritance tax?

There is no federal inheritance tax in the U.S. Six states — Iowa, Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania — impose a state-level inheritance tax.

In 2021, Iowa passed a bill to begin phasing out its state inheritance tax, eliminating it completely for deaths occurring after January 1, 2025^[0]

Is an inheritance taxable?

Inheritances can be taxable, particularly if they're passed down to you from someone who is not an immediate family member. The deceased’s spouse is typically exempt, meaning money and items that go to them aren't subject to inheritance tax. Children of the deceased are also sometimes exempt.

However, it's worth noting that these taxes are set by the state, so where you live, the specifics of your inheritance and your tax situation can dramatically change your tax bill.

» Inherited an IRA? Learn the rules

How to avoid inheritance tax

There are a few ways to minimize the tax bite on handed-down assets. Getting help from a qualified tax expert can be key, but one common element of estate planning is to give assets away before dying. Many states don’t tax gifts. Keep in mind that gifts don’t have to be cash — stocks, bonds, cars or other assets count, too.

Beneficiaries can only do so much to avoid inheritance taxes once they’ve inherited an estate. However, those leaving the estate can take steps ahead of time to ensure beneficiaries are in the best situation possible. These estate-planning vehicles include living trusts, irrevocable trusts and grantor retained annuity trusts.

» MORE: How the gift tax works and who pays

Inheritance taxes vs. estate taxes

Inheritance tax and estate tax are two different things. Inheritance tax is what the beneficiary — the person who inherited the wealth — must pay when they receive it. Estate tax is the amount that’s taken out of someone’s estate upon their death based on the value of the estate. One, both or neither could be a factor when someone dies.

There is no federal inheritance tax, but there is a federal estate tax. The federal estate tax generally applies to assets over $12.92 million in 2023, and the estate tax rate ranges from 18% to 40%. Some states also have estate taxes, and they might have much lower exemption thresholds than the IRS. Assets that spouses inherit generally aren't subject to estate tax.

» MORE: Which states have an estate tax?

Because the estate tax and inheritance tax are different, some people can occasionally get hit with a double whammy. Maryland, for example, has an estate tax and an inheritance tax, which means an estate might have to pay the IRS and the state, and then the beneficiaries might have to pay the state again out of what’s left. However, this isn't the norm across the country.

» Planning your estate? Know the difference between wills and trusts

States that have estate taxes, inheritance taxes or both:

» Dive deeper: Establishing state residency to ease your tax burden

Watch out for capital gains taxes

If assets appreciate after you inherit them, you might need to pay capital gains tax if you sell the assets.

• The capital gains tax rate is based on, among other things, the profit you make. For example, if your father leaves you a stock portfolio worth $200,000 on the day he died, and you sell it all for $350,000 two years later, you might owe capital gains tax on the $150,000 gain.

• Certain types of inheritances might also create taxable income. For example, if you inherit an IRA or 401(k), the distributions you take might be taxable.

• States might have their own capital gains tax rules, so it's a good idea to seek qualified advice.

• There are strategies to reduce capital gains taxes that could be a consideration.

Some helpful links from the IRS

• IRS Publication 559: A guide to help the people in charge of managing the estate of someone who has died.

• IRS Publication 525: An overview of what kinds of income are taxable or nontaxable.