Estate Planning addresses many taxes, including Estate Taxes and Inheritance Taxes. Both taxes are “Transfer Taxes”, meaning they are triggered by the transfer of an asset from one person to another. For example, if you sell your house you pay a Real Estate Transfer Tax. Likewise, if you sell your car, to transfer the title you pay the state a transfer tax. Estate Tax and Inheritance Taxes are transfer taxes on the transfer of assets from one person to another person at death.
An Estate Tax in a Transfer Tax based on the gross value of the deceased’s estate. An Inheritance Tax is a Transfer Tax based on the characteristics of the person inheriting the assets. For example, the Federal Estate Tax is a tax based on the total gross value of an estate. The tax is the same if the assets pass to the deceased’s friend or the deceased’s child. But, the Pennsylvania Inheritance Tax varies depending on the recipient. A child’s inheritance is taxed at 4.5% while a friend’s inheritance is taxed at 15%.
The Pennsylvania Estate Tax was based on the estate’s gross value, but the Pennsylvania Estate Tax was eliminated many years ago. The Pennsylvania Inheritance Tax remains.
The Pennsylvania Inheritance Tax is a Transfer Tax triggered at the death of a Pennsylvania citizen or someone who owns Pennsylvania real estate. Being an “Inheritance Tax,”, the amount due depends on the inheriting person’s relationship to the deceased. For example, a child’s inheritance is taxed at 4.5% while a sibling’s inheritance is taxed at 12%. For more detail, see Understanding the Pennsylvania Inheritance Tax.
The New Jersey Estate Tax is a Transfer Tax triggered at the death of a New Jersey citizen based on the estate’s gross value. The tax is eliminated in 2018 and only affects 2017 estates exceeding $2,000,000.
The New Jersey Inheritance Tax is a Transfer Tax triggered at the death of a New Jersey citizen on transfers over $500. For more detail, see Understanding the New Jersey Inheritance Tax.
The New York Estate Tax is a Transfer Tax triggered by the death of a New York citizen or someone owning real estate or tangible property in New York. The tax is based on the estate’s gross value. If your estate is below $5.25M on April 1, 2017 you do not owe any tax. In 2019 the exemption will match the Federal Estate Tax rate.
There is no Florida Inheritance Tax, but Florida does have a costly Probate process. This cost often leads to an Estate Plan structured to avoid probate, often using Revocable Trusts.
There is no Florida Estate tax, so Florida residents are only subject to the Federal Estate Tax. Florida does have a rather expensive probate system, often making a Revocable Living Trust a wise choice.
If you have any questions about Estate or Inheritance Taxes or any other estate planning topics, feel free to contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate planning techniques clearly and concisely. We make it easy for you to understand estate planning so you can make the best decisions for yourself and your family.
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