Estate Taxes: What They Are and How to Plan for Them

Learn the basics about estate taxes and how you can plan to avoid or reduce them in this short primer.

Schedule your free tax consult with 1-800Accountant

Trustpilot star rating bar
estate taxes what they are and how to plan for them

Contents

Updated on: March 16, 2023
Read time: 3 min

Estate taxes are one of the most controversial aspects of the U.S. tax code, often hotly debated during election time. The good news is that the vast majority of estates are not subject to the federal estate and gift tax, especially since smart estate tax planning can help you reduce or avoid paying federal estate taxes entirely.

The following is a brief overview of federal estate taxes, how they work, and how you can plan for them with a carefully designed estate plan.

What is estate tax?

Estate taxes are taxes imposed on the right to transfer property upon death. The federal unified gift and estate tax taxes property that is transferred from a decedent to his or her heirs.

How does the U.S. estate tax work?

Estates subject to estate tax must file a federal estate tax return with the IRS, and the highest current federal estate tax rate (2016) is 40%.

How do you know if an estate owes federal estate taxes?

A taxable estate is defined by federal law, and the most important provision is the personal estate tax exemption, which permits an individual to pass property with a value up to a certain dollar amount without any estate tax consequences, i.e., free of estate tax. The amount changes slightly each year, but because it is currently at $5.45 million for deaths in 2016, few estates—around 1%—are affected.

Note that gifts made during your lifetime also count toward this number. If a gift is taxable—gifts to spouses, for example, are not—the giver is responsible for paying any taxes owed. However, since the threshold for cumulative gifts given within a lifetime is so high (again, $5.45 million for deaths in 2016), it is rare that any gift taxes are owed. The annual gift exclusion is $14,000 as of 2016.

In addition to the personal estate tax exemption, the marital deduction allows a property to pass from one spouse to the other without any estate taxes.

Moreover, a surviving spouse can use the remainder of the decedent spouse's exemption, giving married couples an exemption of twice the individual exemption amount (i.e., $10.9 million for deaths in 2016).

Property left to a tax-exempt charity also escapes federal estate tax.

Estate tax information for 2016 is available in a PDF available on the IRS website.

What about inheritance taxes?

Another consideration regarding estate taxes is inheritance taxes, which are imposed on the receipt of property from a deceased person. Inheritance taxes are the responsibility of the receiver of the property, not the estate.

The federal government does not apply an inheritance tax, and only a handful of states apply one, but it is important to note that you do not have to be a resident of one of those states in order to be taxed. The tax may apply if the decedent lived or owned property in one of the states that collects inheritance taxes.

Is avoiding estate taxes possible?

If you believe your estate may be subject to estate taxes, you can plan to reduce estate taxes in several ways, including the following:

  • Make tax-free gifts during your lifetime. Gifts to a tax-exempt charity or directly paying someone else's college tuition or medical bills are two examples of tax-free gifts.
  • Create an AB trust. The most common type of trust used to avoid estate taxes is an AB trust, through which spouses leave their property in trust for their children but for use of the surviving spouse for life.
  • Create a charitable or life insurance trust. A charitable trust makes a substantial gift to a tax-exempt charity while a life insurance trust puts life insurance proceeds outside of the estate, excluding their value from the total that would be subject to estate taxes.

Do you need professional estate planning advice?

The laws concerning estate taxes change frequently, even from one year to the next, so that alone is a good reason to seek out professional advice regarding your estate.

So, yes, if you are concerned about your estate being subject to taxes, it is imperative that you consult an experienced estate planning attorney to discuss your options in order to minimize the impact of estate taxes.

Schedule your free tax consult with 1-800AccountantSchedule Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

12 days ago
Trustpilot star rating bar

User-Friendly Will & Estate Plan Process

The process to create a personal Will & Estate Plan, including a power of attorney and advanced medical directive was very user friendly and fast. The signing directions and explanatory documentation was also very helpful. The cost was reasonable and the on-line assistance chat feature allowed for quick resolution of a special request.

COH
41 days ago
Trustpilot star rating bar

First pass at Estate Plan, prior to receiving Documents

Preparation of documents for an estate plan was quick and easy. Meeting with the attorney went well. He had reviewed my very straight forward documents and found no problems.

Donald Heft
72 days ago
Trustpilot star rating bar

LegalZoom.com…a company you can trust

It’s just a great company to deal with. I am so glad I chose them to help me with my living will/estate plan!

Joseph Austin
89 days ago
Trustpilot star rating bar

Legal Zoom is very easy estate planning.

This was very easy to do, and Beth was very patient and so helpful with the process. I appreciate the time she took to make sure I had everything covered. It is very reassuring to know I have my final wishes on paper.

Glennis Hogan
102 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
102 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
111 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
114 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
117 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
Rated4.6out of 5 based on24,926+ reviewson

Showing our favorite reviews