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How can my estate plan lower the federal transfer tax liability?
Everyone gets a credit against Federal estate and gift taxes of $555,800, in 2004 and 2005, which is equivalent to transferring $1.5 million tax free to your heirs. (The estate tax exemption rises to $3.5 million in 2009; the estate tax is totally eliminated in 2010 but reinstated in 2011 at an exemption level of $1,000,000.)
For those who are married, there is an unlimited marital deduction. All estate taxes can be avoided upon the death of the first spouse to die. But the surviving spouse would have to remarry and give his/her entire estate to the new spouse in order to get another unlimited marital deduction. Most people would rather their children or other relatives benefit from the estate, rather than a new spouse and his/her family.
An estate plan can take advantage of certain tax avoidance techniques for those who have accumulated some wealth; this gives more of your property to your intended beneficiaries, instead of giving it to the federal government. Some of these techniques include:
(1) a tax by-pass trust to hold property for your children, while still providing for your surviving spouse during his/her lifetime
(2) distribution of share in a Family Limited Partnership to take advantage of minority and lack of marketability valuation discounts
(3) a gift program to take advantage of the current $13,000 per year per person gift tax exclusion in 2009 ($12,000 per year per person starting in 2006) so as to prevent a greater tax in the future in the form of an estate tax
(4) an irrevocable trust to handle and manage property outside of your estate, so that the property is not part of your estate at the time of death.
Tax planning as part of estate planning can, depending on the size of one's estate, save hundreds of thousands to millions dollars - if it is done right. |
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