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Estate and Gift Taxes


2012 American Taxpayer Relief Act Summary

Written by Laura A. Lipinski, Esq.   
Last Updated January 17, 2013

The newly enacted 2012 American Taxpayer Relief Act is a sweeping tax package that includes, among many other items, permanent extension of the Bush-era tax cuts for most taxpayers and modification of the estate and gift tax law.

Highlights in the areas of estate, gift and generation skipping transfer tax are as follows:

  • The new law prevents steep increases in estate, gift and generation-skipping transfer (GST) tax that were slated to occur for individuals dying and gifts made after 2012 by permanently keeping the exemption level at $5,000,000 (indexed for inflation). The inflation indexed amount of the federal exemption was $5.12 million for 2012 and is expected to be $5.25 million for 2013.
  • The top estate, gift, and GST rate is increased from 35% to 40%.
  • The “portability” provision is made permanent, which allows the estate of the first spouse to die to transfer his or her unused federal exemption amount to the surviving spouse.
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Estate and Gift Tax Overview

Last Updated April 9, 2009
Internal Revenue Service

The Estate Tax

The Estate Tax, sometimes called the "Death Tax," is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or have certain interests in at the date of death. The fair market value of these items is used, not necessarily what you paid for them or what their values were when you acquired them. The total of all of these items is your "Gross Estate." The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets.

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Estate Tax FAQs

Last Updated April 9, 2009
Internal Revenue Service

The IRS has compiled these fourteen FAQs to help taxpayers understand the working of the federal estate tax. This tax, also known as the "Death Tax," is levied on property transferred at death.

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Gift Tax FAQs

Last Updated April 9, 2009

Internal Revenue Service

These twelve FAQs address some common issues that taxpayers need to understand about the federal gift tax.  In summary, this is a tax on the transfer of property by one individual to another where nothing, or less than full value, is received in return.

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Is Change Coming to the Federal Estate Tax?

Written by Laura A. Lipinski, Esq.   
Last Updated April 9, 2009
When Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001, it made many changes to the taxation of estates and gifts. The federal estate tax exemption allows individuals to pass a certain value of assets free from estate tax at death. For individuals dying in 2009, the exemption is set at $3,500,000. Under current law, there will be no tax assessed against the estates of individuals who die in 2010, but there will be a limited amount of basis step-up which can be applied to assets. In an interesting twist, in 2011 (unless Congress and the President act) the estate tax as it existed under the previous law returns, and the amount of the exemption will return to $1,000,000.
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Estate and Gift Taxes - U.S. Code Provisions

U.S. Code > Title 26 > Subtitle B - Estate And Gift Taxes
 

Estate and Gift Taxes - Selected State Laws

AlabamaAlabama Code > Title 19 > Chapter 5 - Preclusion Or Minimization Of Generation-Skipping Tax
Alabama Code > Title 40 > Chapter 15 - Estate And Inheritance Tax
Alabama Code > Title 40 > Chapter 15A - Generation-Skipping Transfer Tax
Alabama Code > Title 40 > Chapter 15B - Alabama Uniform Estate Tax Apportionment Act
AlaskaAlaska Statutes Chapter 43.31 - Estate Tax Law Of Alaska
ArizonaArizona Laws > Title 43 > Chapter 13 - Estates And Trusts
CaliforniaCalifornia Probate Code > Division 10 - Proration Of Taxes
California Revenue and Taxation Code > Division 2 > Part 8 - Prohibition Of Gift And Death Taxes
California Revenue and Taxation Code > Division 2 > Part 9.5 - Generation Skipping Transfer Tax
ConnecticutConnecticut General Statutes > Title 12 > Chapter 216 - Succession and Transfer Taxes
Connecticut General Statutes > Title 12 > Chapter 216a - Generation-Skipping Transfer Tax
Connecticut General Statutes > Title 12 > Chapter 217 - Estate Tax
Connecticut General Statutes > Title 12 > Chapter 218 - Federal and State Estate Taxes
Connecticut General Statutes > Title 12 > Chapter 218a - Estate Income Tax
Connecticut General Statutes > Title 12 > Chapter 228c - Gift Tax
DelawareDelaware Code Title 12 > Chapter 29 - Apportionment Of Estate Taxes
Delaware Code Title 30 > Chapter 13 - Inheritance
Delaware Code Title 30 > Chapter 15 - Estate Tax
Delaware Code Title 30 > Chapter 16 - Pass-Through Entities, Estates And Trusts
Delaware Code Title 30 > Chapter 17 - Interstate Compromise Or Arbitration Of Death Taxes
FloridaFlorida Statutes > Chapter 198 - Estate Taxes
Florida Regulations Chapter 12C-3 - Estate Tax (Formerly 12B-3)
HawaiiHawaii Revised Statutes > Chapter 236D - Estate and Transfer Tax
IdahoIdaho Code Title 14 > Chapter 4 - Estate And Transfer Tax
IllinoisIllinois Compiled Statutes > Chapter 35 > Estate Taxes
IndianaIndiana Code > Title 6 > Article 4.1 - Death Taxes
IowaIowa Code Title X > Subtitle 3 - Inheritance And Estate Taxes
KansasKansas Statutes > Chapter 79 > Article 15 - Death Taxes
LouisianaLouisiana Revised Statutes > Title 47 > Chapter 1 - Inheritance And Estate Taxes
MaineMaine Revised Statutes > Title 36 > Chapter 575 - Maine Estate Tax
Maine Revised Statutes > Title 36 > Chapter 809 - Imposition Of Tax On Estates And Trusts
Maine Revised Statutes > Title 36 > Chapter 811 - Computation Of Taxable Income Of Resident Estates And Trusts
Maine Revised Statutes > Title 36 > Chapter 813 - Computation Of Taxable Income Of Nonresident Trusts And Estates
MassachusettsMassachusetts General Laws > Part I > Title IX > Chapter 65 - Taxation Of Legacies And Successions
Massachusetts General Laws > Part I > Title IX > Chapter 65A - Taxation Of Transfers Of Certain Estates
Massachusetts General Laws > Part I > Title IX > Chapter 65B - Settlement Of Disputes Respecting The Domicile Of Decedents For Death Tax Purposes
Massachusetts General Laws > Part I > Title IX > Chapter 65C - Massachusetts Estate Tax
MichiganMichigan Laws > Chapter 205 > Act 188 of 1899 - Michigan Estate Tax Act
Michigan Laws > Chapter 205 > Act 173 of 1956 - Domicile of Decedents For Death Tax Purposes
MinnesotaMinnesota Statutes Chapter 291 - Estate Tax
MissouriMissouri Laws > Title X > Chapter 145 - Estate Tax (Formerly Inheritance Tax)
MontanaMontana Code Title 72 > Chapter 16 - Estate And Generation-Skipping Taxes
NevadaNevada Revised Statutes > Chapter 375A - Tax on Estates
Nevada Revised Statutes > Chapter 375B - Generation-Skipping Transfer Tax
New HampshireNew Hampshire Revised Statutes > Chapter 87 - Taxation Of Transfers Of Certain Estates
New Hampshire Revised Statutes > Chapter 88-A - Uniform Estate Tax Apportionment Act
New Hampshire Revised Statutes > Chapter 90 - Settlement Of Disputes Respecting The Domicile Of Decedents For Death Tax Purposes
New MexicoNew Mexico Statutes Chapter 7 > Article 7 - Estate Tax
New Mexico Statutes Chapter 45 > Article 9A - Uniform Estate Tax Apportionment Act
New YorkNew York Laws - Tax > Article 26 - Estate Tax
New York Laws - Tax > Article 26-B - Generation-Skipping Transfer Tax
New YorkNew York Laws > Tax > Article 26 - Estate Tax
New York Laws > Tax > Article 26-B - Generation-Skipping Transfer Tax
North CarolinaNorth Carolina General Statutes Chapter 28A > Article 27 - Apportionment of Federal Estate Tax
North Carolina General Statutes Chapter 105 > Article 1A - Estate Taxes
North DakotaNorth Dakota Code > Chapter 57-37.1 - Estate Tax
OhioOhio Code > Title 57 > Chapter 5731 - Estate Tax
OregonOregon Statutes > Chapter 118 - Inheritance Tax
Rhode IslandRhode Island General Laws > Chapter 44-22. Estate and Transfer Taxes – Liability and Computation
Rhode Island General Laws > Chapter 44-23. Estate and Transfer Taxes – Enforcement and Collection
Rhode Island General Laws > Chapter 44-23.1. Uniform Estate Tax Apportionment
Rhode Island General Laws > Chapter 44-40. Generation Skipping Transfer Tax
South CarolinaSouth Carolina Code > Title 12 > Chapter 16 - Estate Tax
South DakotaSouth Dakota Laws > Title 10 > Chapter 40 - Imposition And Amount Of Inheritance Tax
South Dakota Laws > Title 10 > Chapter 40A - Estate Tax
South Dakota Laws > Title 10 > Chapter 41 - Administration And Collection Of Inheritance Tax
TexasTexas Tax Code > Title 2 > Subtitle J - Inheritance Tax
UtahUtah Code > Title 59 > Chapter 11 - Inheritance Tax Act
VermontVermont Statutes > Title 32 > Chapter 185 - Interstate Arbitration of Death Taxes
Vermont Statutes > Title 32 > Chapter 187 - Interstate Compromise of Death Taxes
Vermont Statutes > Title 32 > Chapter 189 - Uniform Estate Tax Apportionment Act
Vermont Statutes > Title 32 > Chapter 190 - Estate and Gift Taxes
VirginiaVirginia Code Title 58.1 > Chapter 9 - Virginia Estate Tax
West VirginiaWest Virginia Code > Chapter 11 > Article 11 - Estate Taxes
West Virginia Code > Chapter 11 > Article 11A - Interstate Compromise Of Inheritance And Death Taxes
West Virginia Code > Chapter 11 > Article 11B - Interstate Arbitration Of Inheritance And Death Taxes

 
Gabriel & Associates, PC
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Rod K. Sutherland Attorney at Law
Virgina Beach, VA Estate planning Lawyer

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