The Estate Tax Shell Game

Legal Tax Angles:

How to Save Taxes Without Going to Jail


The Economic Growth and Tax Relief Reconciliation Act of 2001 was intended to repeal the estate tax, but the politicians involved in drafting the tax laws could not come up with enough offsetting sources of new revenue to compensate for the projected cost of repealing the estate tax. So they engaged in some of the most insane financial smoke and mirrors ever used by the Congress. What they did was similar to the carnival shell game where the carnival person moves a pea around beneath three shells with clever slight of hand.

The 2001 law provided that the estate tax exemption for each estate would be increased as follows.

To $1,000,000 in 2002 and 2003

To $1,500,000 in 2004 and 2005

To $2,000,000 in 2006, 2007 and 2008

To $3,500,000 in 2009

The estate tax is repealed in 2010

BUT --- if the Congress and the President then in office don't make the changes permanent before 2011, the estate tax is reinstated in the year 2011 with the exemptions and other provisions in the law in the year 2001, with an exemption of $1 million.

During the same period of time, the top estate rate of 55% is reduced to 50% in 2002 and declines to 45% in the year 2009. There is no estate tax in the year 2010 and if the law is not extended or made permanent before the year 2011, the top estate tax rate will revert to 55%.

Extensive additional details about the 2001 tax law is available in numerous web sites, including the following.

http://www.aspenpublishers.com/taxreform/Estate.htm

http://www.nysscpa.org/reconciliationact/reconciliationact1.htm

http://winke.com/hfpc/hfpc./2001taxact.htm
 

 

Vern Jacobs

Copyright, 2003


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Caution:  While the information in this web site is believed to be from reliable sources and is believed to be accurate, it is not intended to represent legal, tax or financial advice for any reader of any part of this web site. Due to frequent changes in the laws, new court cases and differences of opinion among professional advisors, readers should not rely on this information without the help of a qualified professional advisor.