Skip to content

Recent Posts

  • Taxgirl Goes To The Movies: Star Wars
  • Looking For Tax Breaks?
  • Taxgirl Goes Back To The Movies In 2025
  • Here’s What You Need To Know About Submitting Tax Questions
  • Looking For More Great Tax Content?

Most Used Categories

  • individual (1,314)
  • politics (862)
  • IRS news/announcements (753)
  • tax policy (582)
  • ask the taxgirl (543)
  • prosecutions, felonies and misdemeanors (479)
  • just for fun (478)
  • state & local (403)
  • pop culture (399)
  • charitable organizations (389)
Skip to content

Taxgirl

Because paying taxes is painful… but reading about them shouldn’t be.

  • About Taxgirl
  • Info
    • My Disclaimer
    • A Word (or More) About Your Privacy
    • Subscribe
  • Ask The Taxgirl
  • Comments
  • Taxgirl Podcast
    • Podcast Season 1
    • Podcast Season 2
    • Podcast Season 3
  • Contact
  • Home
  • 2007
  • February
  • 23
  • Fix The Tax Code Friday: Estate Tax

Fix The Tax Code Friday: Estate Tax

Kelly Phillips ErbFebruary 23, 2007

When Congress first introduced the wacky legislation that is the current federal estate tax situation (an exemption that gradually rises to $3.5 million per person, is eliminated in the year 2010 and returns in 2011 to its “old self”) most folks assumed we had plenty of time to fix it. 2010 seemed years away. Now, 2010 is a lot closer than 2001 (the year the change took effect) and we have no real plan. What should we do? So this week’s question is:

What should happen to the federal estate tax? Should it be eliminated? Should we keep the exemption at the top rate ($3,500,000)? Should we keep the exemption in its 2011 rate ($1,000,000)? Or is the answer somewhere in the middle?

Facebooktwitterlinkedinmail
author avatar
Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
See Full Bio
social network icon social network icon
federal-estate-tax

Post navigation

Previous: Ask The Taxgirl: Local Taxes
Next: The Dirty Dozen

Related Posts

taking notes

How Family Wealth Planning is Evolving to Benefit Every American Family

June 15, 2021January 5, 2022 John Luckenbaugh
group of people

Fix The Tax Code Friday: The Next Stimulus Package

July 24, 2020July 24, 2020 Kelly Phillips Erb
woman using laptop

Fix The Tax Code Friday: Extending Tax Season

June 26, 2020June 26, 2020 Kelly Phillips Erb

4 thoughts on “Fix The Tax Code Friday: Estate Tax”

  1. Suz says:
    February 23, 2007 at 8:26 am

    Keep the exemption at the 2011 rate of 1 mill. Heck, I’ll probably never amass that much and so those of us who make a good living, but aren’t weathly get a break and those who are wealthy pay. Seems fair to tax those who have more at a higher rate to me.

    Reply
  2. NO ONE says:
    May 20, 2008 at 2:02 pm

    ELIMINATE IT! YOU CANT TAKE IT WITH YOU, BUT YOU CANT GIVE IT FREELY TO YOUR OWN KIN WITHOUT THE GOVT. WITH THEIR HANDS OUT TO COLLECT THEIR SHARE OF MONEY THAT HAS ALREADY BEEN TAXED WHEN IT WAS EARNED, TAXED AS ASSETS, PROPERTY, AND EVEN ON ALL INTEREST MADE TIL YOU DIE, SO WHY MAKE IT SO COSTLY AND INTRUSIVE TO WHAT SHOULD BE PRIVATE AND KEPT BETWEEN FAMILY MEMBERS? DEATH IS HARD ENOUGH AND A FAMILIES ESTATE SHOULD NOT MAKE THE TAXMAN NUMBER ONE TO BENEFIT ESPECIALLY WHEN IT FORCES SELLING THE FAMILY HOME AS IT MORE THAN OFTEN DOES-JUST TO PAY THE TAX “OWED”- VERY MESSED UP!

    Reply
  3. Chris Coyle says:
    May 20, 2008 at 6:28 pm

    The estate (gift and GST) tax is an effective tax on otherwise untaxed wealth accumulation; its a large potential source of revenue. The $1MM exemption is going to be too small to properly effectuate the purposes of the estate tax — to tax mostly otherwise unreached appreciation.
    The above comment belies a naive understanding of the tax — in exchange for the estate tax, beneficiaries take property with a stepped up basis. To the extent that the estate tax is repealed, this step-up in basis should also be repealed. While this would help keep the family farm in the family, it defeats the larger social goals of transferablity. The property can’t be transferred because no one can (or will) afford the tax on the sale.
    For this reason, the estate tax should stay. The exemption should be increased to the 2009 level (3.5MM) and then pegged to the inflation index. This solves the problem of (1) having to revisit it and (2) avoiding an AMT-like screw-up that would require last-minute fixing.

    Reply
  4. Kelly says:
    May 20, 2008 at 6:39 pm

    Chris,
    Thanks. I also believe it will stay – while an unpopular tax in principle, it doesn’t affect that many taxpayers (<2% before the increase). With a bad economy, if you're looking to eliminate or lower taxes, this is not the one to focus on - it would be political suicide.
    At one point, I know the GOP offered a $10 million cap as a compromise to no federal estate tax. Most practitioners that I know believe that it will fall between $3.5 million as you suggested and $5 million.
    To be honest, I thought that this argument would be resolved long before 2009. When the last version of the bill which increased the exemptions was passed, I believed that it would be changed within year or two. And here it is mid-2008 already. Crazy!

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

© 2005-2022, Kelly Phillips Erb | Theme: BlockWP by Candid Themes.
Skip to content
Open toolbar Accessibility Tools

Accessibility Tools

  • Increase TextIncrease Text
  • Decrease TextDecrease Text
  • GrayscaleGrayscale
  • High ContrastHigh Contrast
  • Negative ContrastNegative Contrast
  • Light BackgroundLight Background
  • Links UnderlineLinks Underline
  • Readable FontReadable Font
  • Reset Reset
  • SitemapSitemap
  • FeedbackFeedback