Thursday, July 3, 2025

US Estate Tax 7-3-25

The United States federal estate tax was first enacted in 1916 as part of the Revenue Act of 1916. This established a modern federal estate tax in the United States, which has remained in effect in some form since then.  

While this marked the establishment of the current federal estate tax system, the US government had previously implemented temporary estate and inheritance taxes during times of war: 

·       Stamp Act of 1797: This act imposed a stamp tax on wills and related documents to help fund a naval buildup during an undeclared naval conflict with France, and was repealed in 1802.

·       Revenue Act of 1862: This act included an inheritance tax to help pay for the Civil War. It was later modified in 1864 to include a tax on real estate transfers, and repealed in 1870.

·       War Revenue Act of 1898: This act included an estate tax on personal property, with rates based on the size of the estate and the relationship to the decedent. This tax was repealed in 1902.  

The federal estate tax in the United States was established in 1916 with the passage of the Revenue Act of 1916. This act created a tax on the transfer of wealth from an estate to its beneficiaries, levied on the estate rather than the beneficiaries themselves. 

Prior to 1916, there were earlier forms of death taxes in the United States. For example: 

·       A temporary stamp tax in 1797 was levied on inheritance documents to help fund a navy during an undeclared war with France. This tax was repealed in 1802.

·       The Revenue Act of 1862 included a legacy or inheritance tax to help pay for the Civil War. This tax was also repealed when the need for revenue subsided.

·       The War Revenue Act of 1898 imposed an estate tax during the Spanish-American War. This tax was also repealed in 1902. 

The Revenue Act of 1916, however, established the modern federal estate tax, which has been in effect in some form ever since. The act was enacted to help offset the costs of World War I. 

https://www.google.com/search?q=when+was+the+us+federal+estate+tax+established

AI Overview

The U.S. federal estate tax rate during the years 2016 to 2025 has remained consistent with a maximum marginal rate of 40%. 

However, the amount of an estate subject to this tax has changed due to varying estate tax exemption amounts: 

·       2016: $5,450,000

·       2017: $5,490,000

·       2018: $11,180,000 (doubled due to the Tax Cuts and Jobs Act of 2017, but this increase is temporary and scheduled to expire after 2025)

·       2019: $11,400,000

·       2020: $11,580,000

·       2021: $11,700,000

·       2022: $12,060,000

·       2023: $12,920,000

·       2024: $13,610,000

·       2025: $13,990,000 

Important Considerations:

·       Progressive Tax Rates: While the maximum rate is 40%, lower rates apply to portions of the taxable estate below certain thresholds.

·       Estate Tax Exemption "Sunset": The higher exemption amounts put in place by the Tax Cuts and Jobs Act are scheduled to revert to lower levels ($5 million indexed for inflation) at the end of 2025 unless Congress takes further action.

·       State Estate or Inheritance Taxes: In addition to the federal estate tax, some states also impose their own estate or inheritance taxes, which could further impact the amount paid. 

The U.S. federal estate tax is a progressive tax, meaning that the tax rate increases as the value of the taxable estate increases. However, due to a substantial exemption amount, only a small percentage of estates are subject to this tax. The top federal estate tax rate from 2016 to 2025 has been 40%. 

It is important to note that the estate tax only applies to the portion of an estate that exceeds the exemption amount for that year. This exemption amount has been adjusted annually for inflation and significantly increased by the Tax Cuts and Jobs Act of 2017. This increase is temporary and is scheduled to expire at the end of 2025, after which the exemption amount is expected to revert to a lower level.

Here's a summary of the exemption amounts for each year:

2016        $5,450,000

2017        $5,490,000

2018        $11,180,000

2019        $11,400,000

2020        $11,580,000

2021        $11,700,000

2022        $12,060,000

2023        $12,920,000

2024        $13,990,000

Important Notes:

·       This table shows the top estate tax rate, but lower rates apply to portions of the taxable estate below certain thresholds.

·       The exemption amount is per individual, meaning a married couple can generally shield twice the amount.

·       The exemption amount for 2018 was significantly increased by the Tax Cuts and Jobs Act and is scheduled to revert at the end of 2025.

·       While the statutory estate tax rate is 40%, the effective estate tax rate (the actual percentage of the total estate value paid in tax) is often much lower due to the exemption and other deductions. 

https://www.google.com/search?q=what+was+the+us+federal+estate+tax+%25+2016+to+2025

Estate Tax Brackets

For 2025, the US federal estate tax has a tiered system with rates ranging from 18% to a maximum of 40%. 

Here's a summary of the 2025 federal estate tax brackets:

The estate tax rates for 2025 range from 18% for taxable amounts up to $10,000, increasing incrementally for higher taxable amounts, up to 40% for amounts over $1 million. A full breakdown of the tax rates and the corresponding base tax amounts for each bracket can be found on NerdWallet nerdwallet.com. These rates apply only to the portion of an estate that exceeds the federal exemption amount, which is $13.99 million per individual for 2025, and doubles to $27.98 million for married couples. 

what are the us federal estate tax brackets 2025

For 2025, the U.S. federal estate tax applies to the value of an estate that exceeds the exemption amount

2025 Estate Tax Exemption:

·       Individual: $13.99 million.

·       Married Couples: $27.98 million. 

2025 Federal Estate Tax Brackets:

The federal estate tax is a marginal tax, meaning that as your estate's taxable value increases, the tax rate applied to it also increases. 

Taxable Amount           Rate

0-$10,000                     18%

$10,001 to $20,000       20%

$20,000 to $40,000       22%

$40,000 to $60,000       24%

$60,000 to $80,000      26%

$80,000 to $100 000    28%

$100 001 to $150,000  30%

$150,001 to $250,000  32%

$250,001 to $500,000  34%

$500,001 to $750,000  37%

$750 001 to $1 million  39%

$1 million and over       40%

Important Note: The federal estate tax exemption is scheduled to "sunset" at the end of 2025 and potentially revert to pre-TCJA (Tax Cuts and Jobs Act) levels in 2026, which is an estimated $7 million per individual (adjusted for inflation). 

For example, if an individual has an estate valued at $14.43 million in 2025, their taxable estate would be $440,000 (calculated as $14.43 million minus the $13.99 million exemption). This taxable amount falls into the $250,001 - $500,000 bracket, where the estate would pay a base tax and an additional marginal rate. 

https://www.google.com/search?q=what+are+the+us+federal+estate+tax+brackets++2025

Based on the provided search results, there are proposals within the current reconciliation bill to address the estate tax exemption. Specifically, the House-passed bill, "The One, Big, Beautiful Bill" (OBBBA), proposes to permanently increase the federal gift and estate tax exemption to $15 million ($30 million for married couples), adjusted for inflation starting in 2026. This would effectively make the doubling of the exemption, which was enacted under the Tax Cuts and Jobs Act (TCJA) and is set to expire after 2025, permanent. 

However, it's important to note that the bill must still be passed by the Senate, and changes are likely during that process. The Senate bill also includes provisions for permanently increasing the estate tax exemption to $15 million ($30 million for married couples) in 2026, indexed for inflation. 

Key points:

·       Current Estate Tax Exemption (2025): The current exemption under the TCJA is $13.99 million for individuals ($27.98 million for married couples).

·       Sunset of TCJA Estate Tax Provisions: The TCJA provisions, including the increased exemption, are scheduled to expire at the end of 2025.

·       Proposed Reconciliation Bill: Both the House and Senate versions of the reconciliation bill propose making the estate tax exemption permanent and increasing it to $15 million (or $30 million for married couples) in 2026, indexed for inflation.

·       Senate Considerations: The bill is still under consideration in the Senate, and changes are expected. 

In summary, there is a strong push through the reconciliation process to make the increased estate tax exemptions permanent and even increase them further. However, the final outcome depends on the Senate's actions. 

The doubling of estate tax exemptions included in the current reconcilliation bill to make exemptions permanent 2025

Provisions related to making the estate tax exemption permanent are included in the recent reconciliation bill passed by the Senate

Key Details:

·       Permanently Extended and Increased Exemption: The Senate bill, also known as the "One Big Beautiful Bill Act," permanently increases the estate tax exemption amount to $15 million per individual ($30 million for married couples), adjusted for inflation. This would take effect in 2026.

·       Estate Tax Relief: This provision aims to provide long-term tax certainty and relief for families, including family-owned businesses.

·       Inflation Adjustment: The exemption amount will be indexed for inflation after 2026. 

Background:

·       The current estate tax exemption, which was effectively doubled by the Tax Cuts and Jobs Act (TCJA), is scheduled to revert to pre-TCJA levels after 2025.

·       The House of Representatives previously passed its version of the bill (H.R.7024), according to Congress.gov.

·       The Senate's passage of the bill marks a significant step towards the proposed changes becoming law. 

Note: While the bill has passed both the House and the Senate, it is likely to undergo further revisions and negotiation before being sent to the President for signature. 

https://www.google.com/search?sca_esv=4da7261d6af0beeb&q=is+the+doubling+of+estate+tax+exemptions+included+in+the+current+reconcilliation+bill+to+make+exemptions+permanent+2025

Comments

Allowing families to inherit family businesses and continue to operate is limited to businesses with revenues lower than $14 million for individuals and lower than $28 million for couples. The same applies to the estates of families who leave their net worth to their families.

Prior to this change in the law, generational wealth was dissolved in Estate Taxes. Trump doubled the exemption in 2018 to save family farms and family businesses.

Norb Leahy, Dunwoody GA Tea Party Leader 

 

 

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