M THE DAILY INSIGHT
// news

Does the federal government tax estates of persons who have died?

By David Osborn

The federal estate tax (sometimes called the death tax) is a one-time tax that is imposed at death. If you die with a certain dollar amount of assets – currently, estates under $11.4 million are exempt, but this reverts back to $5 million in 2026 – a federal estate tax return is required and a tax will be due.

The federal government doesn’t impose an inheritance tax but several states do. An inheritance tax is imposed by a state government on the privilege of certain heirs or beneficiaries to receive a deceased person’s property.

What is the federal estate tax rate for 2017?

Among the few estates nationwide that owe any estate tax in 2017, the effective tax rate — that is, the share of the estate’s value paid in taxes — is less than 17 percent, on average, according to the Tax Policy Center (TPC). That is far below the top statutory rate of 40 percent.

When did the federal estate tax exemption change?

ATRA was intended to make permanent changes to the laws governing federal estate taxes, gift taxes, and generation-skipping transfer taxes . Fast forward to President Trump, who signed the Tax Cuts and Jobs Act (TCJA) in December 2017. In addition to other sweeping tax law changes, the TCJA increased the estate tax exemption significantly.

Why does the government want to repeal the estate tax?

The reason is simple: while repealing the estate tax might lead some people — especially heirs who would receive even bigger inheritances otherwise — to work and save more, it also would lead the government to borrow more to offset the lost revenue.

How is the estate tax going to change?

But that could change rapidly, even if you are far from rich. Proposals under consideration by President Biden could extend the tax to millions of people. That could happen in two ways: by raising rates and lowering qualifying thresholds on estates, and by increasing the liability of people who inherit and sell any assets.