Article · Tax
The Tax Most Estates Never Pay: How Transfer Taxes Actually Work
26 U.S.C. § 2001
- Type
- Article
- Jurisdiction
- National
- Date
- 2023-09-26
- Topic
- Tax
Almost no estate pays federal estate tax, and almost every family worries about it anyway. This article explains what the transfer tax system actually does: a single unified exemption covering lifetime gifts and transfers at death, an annual exclusion that most giving never exceeds, and a set of deductions that eliminate tax for most married couples entirely. It covers what is included in the gross estate — including life insurance and retained interests that surprise people — how valuation works and where discounts come from, and why the step-up in basis is frequently worth more than any estate tax planning. Separate parts address portability of a deceased spouse's unused exemption, the generation-skipping tax that catches transfers to grandchildren, and the state estate and inheritance taxes that reach far more families than the federal tax does. It also explains when a return must be filed even though no tax is due. Examples run throughout.
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