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Estate and Gift Taxes  
 

Taxes play a large role in developing an effective estate plan. Most of us understand income tax with a top marginal rate of 39.6% and capital gains tax with a top rate of 20%. What most people are shocked to learn is that the estate tax starts at 37% and tops out at 50%!

Estate taxes are final taxes on assets that have probably already been subject to income and capital gains taxes, sometimes many times over.

Sadly, a lot of people fail to do estate tax planning. Proper estate planning allows you to structure your estate in such a manner that your estate tax liability is drastically reduced or even eliminated. This process can be as simple as transferring what you own (assets) into the name of a revocable trust, created by you and for you, and eventually for your loved ones.

In 2005, upon death, there is an exemption amount of $1,500,000 per individual. This means you could give away $1,500,000 worth of assets at death, without negative estate tax consequences, however, anything over that amount would be subject to a 47% tax rate!

The Following Table Shows the Key Changes in the Estate and Gift Tax Exemption Rates:

A rough estimate of death taxes can be calculated by taking your Net Estate Value less (-) your Lifetime Gift Exemption Amount (see chart below) times (x) 50%. If your total net worth is less than the applicable exemption amount in the year of your death there are no federal estate taxes due.
 

Year Lifetime Gift Exemption Amount Death Time Gift Exemption Amount Maximum Estate Tax Rate
2005 $1,000,000 $1,500,000 47%
2006 $1,000,000 $2,000,000 46%
2007 $1,000,000 $2,000,000 45%
2008 $1,000,000 $2,000,000 45%
2009 $1,000,000 $3,500,000 45%
2010 $1,000,000 Repealed Repealed
2011 $1,000,000 $1,000,000 55%


 


Circular 230 Disclosure:
Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.


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Law Offices of Sydney C. Kirkland
220 W. Grand Avenue
Escondido, California 92025
Phone: (760) 746-1855
Fax: (760) 738-8733
info@sandiegoestateplanners.com
 

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