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Article 18
Unified Gift Tax
The IRS has a
tax on any property passing from one person to another when the
one receiving the property, the donee, does not pay for
it.
Most people have heard of the gift tax, and also have heard of
the estate tax. But did you know that they are actually
the
same tax? The only difference is the annual exclusion
from gift tax of $10,000. Lets
say Mom wants to give you everything she owns, which comes to
$1,010,000. Lets
also assume it is after January 1, 2002, when the exemption
amount from the gift and estate tax is $1 Million. She
can
transfer her estate to you one of two ways: 1) giving it to you
during her life time, a gift, or 2) leaving it to you in her
will, an inheritance. Under the first, the gift, the
entire
amount goes to you tax free, using up the annual exclusion of
$10,000 and the lifetime exemption of $1 Million, so no tax is
owed. Note that if she had additional property that she
wanted
to leave you, it would all be subject to tax, even if it only
passes after her death. If she were to leave these assets
to
you on her death, still worth $1,010,000, there would be a
taxed
owed only on the $10,000, as the other $1 Million is exempt
from
tax. So you can see why giving away property early is a
key
component of any planning to reduce a taxable estate.
If you have a question, click here.
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