Estate Taxes – Definition & Detailed Explanation – Elderly Legal and Financial Planning Glossary

I. What are Estate Taxes?

Estate taxes, also known as inheritance taxes or death taxes, are taxes imposed on the transfer of a deceased person’s estate to their heirs or beneficiaries. These taxes are typically levied on the total value of the estate, including assets such as real estate, cash, investments, and personal belongings. The purpose of estate taxes is to generate revenue for the government and prevent the concentration of wealth in a few families.

II. Who is Subject to Estate Taxes?

Not everyone is subject to estate taxes. In the United States, estate taxes are only imposed on estates that exceed a certain threshold, known as the estate tax exemption. The exemption amount is adjusted annually for inflation and varies depending on the tax laws in place at the time of the individual’s death. Typically, only estates with a total value above the exemption amount are subject to estate taxes.

III. How are Estate Taxes Calculated?

Estate taxes are calculated based on the total value of the estate, minus any allowable deductions or exemptions. The tax rate applied to the taxable portion of the estate also varies depending on the total value of the estate. The tax rates can range from a few percent to over 40% for very large estates. It is important to consult with a tax professional or estate planning attorney to ensure accurate calculation of estate taxes.

IV. What is the Current Estate Tax Exemption?

As of 2021, the federal estate tax exemption is $11.7 million per individual or $23.4 million for married couples. This means that estates valued below these amounts are not subject to federal estate taxes. However, it is important to note that some states have their own estate tax laws with different exemption amounts, so it is essential to be aware of the specific rules in your state.

V. How Can Estate Taxes be Minimized or Avoided?

There are several strategies that can be used to minimize or avoid estate taxes. One common method is to make gifts during your lifetime to reduce the size of your estate. The annual gift tax exclusion allows individuals to gift up to a certain amount each year without incurring gift taxes. Another strategy is to establish a trust to hold assets outside of the estate, which can help reduce the taxable value of the estate. Additionally, charitable donations can also be used to reduce estate taxes by lowering the taxable value of the estate.

VI. What is the Difference Between Estate Taxes and Inheritance Taxes?

While estate taxes and inheritance taxes are often used interchangeably, they are actually two different types of taxes. Estate taxes are imposed on the total value of the deceased person’s estate before it is transferred to their heirs, while inheritance taxes are imposed on the beneficiaries who receive the assets from the estate. Inheritance taxes are based on the value of the assets received by each beneficiary and are paid by the beneficiaries, not the estate itself. It is important to understand the distinction between these two types of taxes when planning your estate to ensure proper tax planning.