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Will the estate tax repeal go forward in 2010?


Posted on Aug 31, 2009

If Congress doesn’t act, there won’t be any estate tax in 2010 – a situation that concerns some lawmakers and pleases others.

 

The estate tax would disappear for one year because of tax cuts passed by President George W. Bush that included a repeal of the estate tax – only for 2010.  Cynics have noted that a year without any estate tax would induce people to try and time the demise of their wealthy elders for 2010, but the real concern is the revenue that the federal government would lose out on with such a repeal.

 

Lawmakers must agree on a permanent estate tax rate before the end of the year, which may not happen.  In that case they would have to at least agree to a one-year temporary measure to keep the estate tax from disappearing next year.

 

Another option is to simply extend the 2009 estate tax rate through the end of 2010.  This means that estates valued at under $3.5 million would be exempt from the tax, and those over $3.5 million would be subject to a 45 percent tax rate.

 

One proposal is to extend the ceiling for estate tax exemption from $3.5 million to $5 million, and then tax those over the ceiling at 35 percent instead of 45 percent.  A permanent solution may be found if lawmakers can compromise on a tax rate between those two ranges.

 

After that, Congress must figure out what to do about the estate tax in 2011.  Under current law, the estate tax exemption will be only for estates up to $1 million, and anything valued higher than that will face a tax of 55 percent.

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