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re: I don't understand inheritance tax

Posted on 1/19/16 at 1:25 pm to
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42459 posts
Posted on 1/19/16 at 1:25 pm to
quote:

Say a widow has 6 million in estate and leaves it to her two children. Does the 5.4 apply to what's being left or what's being received?


Widow can possibly use her husband's unused exemption (DSUE).

LINK
This post was edited on 1/19/16 at 1:31 pm
Posted by boxcarbarney
Above all things, be a man
Member since Jul 2007
22714 posts
Posted on 1/19/16 at 1:35 pm to
quote:

That's why it is best to distribute inheritance while grampy is still alive.


Or better yet, put that money in a wealth transfer product like single premium life insurance, or a fixed annuity.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 1/19/16 at 1:36 pm to
That is correct. The spouse's exemption amount does roll over to the living spouse. That used to not be the case and that is why A/B trusts were used.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 1/19/16 at 1:37 pm to
quote:


Tax me because I'm rich sure, but after I make money and die I should be able to give my kids everything without being taxed further.




If you have unrealized capital gains, then those gains haven't been taxed at all.
Posted by slackster
Houston
Member since Mar 2009
84748 posts
Posted on 1/19/16 at 1:39 pm to
quote:

Or better yet, put that money in a wealth transfer product like single premium life insurance, or a fixed annuity.


Just an FYI, but depending on how those products are structured they may not alleviate any of the inheritance tax obligations.
Posted by slackster
Houston
Member since Mar 2009
84748 posts
Posted on 1/19/16 at 1:40 pm to
quote:

If you have unrealized capital gains, then those gains haven't been taxed at all.


Sure, which is why the cost-basis step up should go the way of the dinosaur along with the inheritance tax.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 1/19/16 at 1:43 pm to
quote:


Sure, which is why the cost-basis step up should go the way of the dinosaur along with the inheritance tax.

Except if the asset is never sold or is always like-kind exchanged - the gains would never be taxed.
Posted by HarryBalzack
Member since Oct 2012
15221 posts
Posted on 1/19/16 at 1:47 pm to
The original intent of the tax was to prevent us from having oligarchs, like in Mexico, where 1% has 99% of the wealth.

The problem is that they never set the rate using something like the CPI or GDP, so the tax burden has increasingly crept downward to non uber wealthy. $3.5 million isn't really that much nowadays, in terms of assets, especially if it's being split several ways. Add up the value of property, your pension investments, a house, etc., and you can get to that number pretty quickly without being what most would call "wealthy."
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 1/19/16 at 1:47 pm to
quote:

Except if the asset is never sold or is always like-kind exchanged - the gains would never be taxed.
What a shock!! The lifetime government employee wants the government to take in more taxes!
Posted by slackster
Houston
Member since Mar 2009
84748 posts
Posted on 1/19/16 at 2:01 pm to
quote:

$3.5 million isn't really that much nowadays, in terms of assets, especially if it's being split several ways. Add up the value of property, your pension investments, a house, etc., and you can get to that number pretty quickly without being what most would call "wealthy."


Meh, $3.5M net worth is well inside of the wealthy band.

That doesn't change my stance on how ridiculous the tax is, but you aren't upper-middle class AND above the $3.5M net worth level.
Posted by HarryBalzack
Member since Oct 2012
15221 posts
Posted on 1/19/16 at 2:05 pm to
Either way we both end up opposed to it.
Posted by slackster
Houston
Member since Mar 2009
84748 posts
Posted on 1/19/16 at 2:09 pm to
quote:

Except if the asset is never sold or is always like-kind exchanged - the gains would never be taxed.


Is that a problem?

The vast majority of assets that have increased in value are derived from tax-paying entities in the first place.

It is disingenuous to harp on the untaxed long term gains when in all likelihood that share of Exxon Mobil is ownership in a company that has paid federal and state taxes the entire time you've owned it. The same is true with ownership in a small business and even ownership in a home (property taxes).

Perhaps there is someone out there who bought $1,000,000 worth of physical gold and now it is worth $15 million or something ridiculous like that, and then you MIGHT have a point, but in general you're way off.
Posted by MSTiger33
Member since Oct 2007
20366 posts
Posted on 1/19/16 at 2:15 pm to
quote:

quote:
Say a widow has 6 million in estate and leaves it to her two children. Does the 5.4 apply to what's being left or what's being received?


Widow can possibly use her husband's unused exemption (DSUE).

LINK


It applies to her net estate. DSUE is only available if the first to die filed a 706. This is why you should use a credit shelter trust in the first to die's estate if the couple's combined estate value is close to or over the limit.
Posted by Dignan
Member since Sep 2005
13265 posts
Posted on 1/19/16 at 2:18 pm to
Don't feel bad, Captain Byron Hadley didn't understand the law either and nearly pushed an accountant turned inmate over a prison wall.
Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
27490 posts
Posted on 1/19/16 at 2:29 pm to
quote:

Did you not read today that the 62 people who are superrich have a net worth greater than the combined net worth of ONE HALF OF THE WORLD's POPULATION?


I heard about that yesterday here on the PT board. I think the government should confiscate 100% of their assets and redistribute to the bottom 50% of the country. They should then be jailed for the remainder of their lives to teach them a lesson about being so successful. It's not fair.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 1/19/16 at 2:36 pm to
Just so everyone keeps in mind, if you remove the space in "the IRS" it spells "theirs."
Posted by PygmalionEffect
Member since Jul 2012
4834 posts
Posted on 1/19/16 at 3:24 pm to
quote:

slackster


quote:

Sure, which is why the cost-basis step up should go the way of the dinosaur along with the inheritance tax.


Are you trolling or are you really that confused?

For four pages now, various posters have tried to explain to you that if Gramps paid $10 a share for Exxon years ago and still has the shares when he dies.

Whomever those shares goes to gets the shares at the stepped up basis of the market value of the shares at the time they take possession of them in the inheritance.

If Exxon is selling for $100 when the child or grandchild gets the stock for free through the inheritance, they can turn around and sell them for $100 and will owe no capital gains taxes at all.

Inheritance creates a stepped up basis in the stock.

Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 1/19/16 at 3:32 pm to
I believe he (like me) is saying that the step up should go away therefore creating a taxable gain for the heir. Then do away with the inheritance tax.
Posted by FelicianaTigerfan
Comanche County
Member since Aug 2009
26059 posts
Posted on 1/19/16 at 3:43 pm to
quote:

Widow can possibly use her husband's unused exemption (DSUE).


Ok, widow was a bad example. Single mother with two dependents has 6 million ion real-estate. If she passes away without a will, does the 5.4 apply to her, or each dependent
Posted by slackster
Houston
Member since Mar 2009
84748 posts
Posted on 1/19/16 at 3:45 pm to
She has the estate exemption, not the heirs. 1 heir or 50 heirs, $5.4M is all she has with which to work.
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