Estate taxes

Estate taxes are levied on the beneficiaries, or heirs, of an estate. For 2005, the amount of income that is excluded from estate taxes is $1.5 million. The maximum estate and gift tax rate is 48%. The exclusion rises to $2 million in 2006 and $3.5 million in 2009. The maximum estate and gift tax rate is reduced by 1 percentage point in each of the next two years to 45% in 2007. The 2001 tax law eliminates the estate tax in 2010. The maximum gift tax rate in 2010 will be 35%.

 

For Decedents  
Dying In
Maximum Estate  
Tax Rate
Applicable
Exclusion Amount
Exemption
Equivalent
2001 55% $220,550 $675,000
2002 50% 345,800 1,000,000
2003 49% 345,800 1,000,000
2004 48% 555,800 1,500,000
2005 47% 555,800 1,500,000
2006 46% 780,800 2,000,000
2007 45% 780,800 2,000,000
2008 45% 780,800 2,000,000
2009 45% 1,455,800 3,500,000
2010 "Repealed" N/A N/A
2011 55% Reintroduced 345,800 1,000,000

About the "Repeal":  The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA 2001), was signed into law by President Bush on June 7, 2001; it "repeals" the estate tax for one year in 2010.  Given the "sunset provisions" as required under the Byrd Rule, the 2001 federal estate tax rules will be reinstated in 2011, but with just a $1 million exemption equivalent (as originally scheduled under TRA 1997). Some of the more cynical planners have called this new tax law the "Assisted Suicide Act of 2010" when referring to the single year's true tax relief, although during 2010 the assets inherited lose their "step-up" at death for many families. Consult with your tax and legal advisors to best plan for ways to minimize unnecessary tax and uncertainty.

The Taxable Estate
Federal Estate Tax
From To Base Rate Plus Tax on the Excess of
$ 0 $ 10,000 18% $ 0
10,000 20,000 $ 1,800 + 20% 10,000
20,000 40,000 3,800 + 22% 20,000
40,000 60,000 8,200 + 24% 40,000
60,000 80,000 13,000 + 26% 60,000
80,000 100,000 18,200 + 28% 80,000
100,000 150,000 23,800 + 30% 100,000
150,000 250,000 38,800 + 32% 150,000
250,000 500,000 70,800 + 34% 250,000
500,000 750,000 155,800 + 37% 500,000
750,000 1,000,000 248,300 + 39% 750,000
1,000,000 1,250,000 345,800 + 41% 1,000,000
1,250,000 1,500,000 448,300 + 43% 1,250,000
1,500,000 2,000,000 555,800 + 45% 1,500,000
2,000,000 2,500,000 780,800 + 49% 2,000,000
2,500,000 3,000,000 1,025,800 + 53% 2,500,000
3,000,000 10,000,000 1,290,800 + 55% 3,000,000
10,000,000 17,184,000 5,140,800 + 60% 10,000,000
17,184,000 On up 9,451,200 + 55% 17,184,000