Estate & Gift Tax
An estate tax is a charge upon the decedent's estate, regardless of how it is disbursed. Taxes imposed upon death provide incentive to transfer assets before death. This is because under the current tax laws it is cheaper. Although it is a unified system because the gift tax is tax exclusive which means you do not have to pay a tax on the tax it is less costly then on an estate tax which is tax inclusive.
The best strategy is to utilize a taxpayers annual exclusion which is currently $10,000 indexed for inflation. By giving away up to 10k as a present interest gift the property is not in the estate and passes free of tax.
Gift tax laws are generally designed to prevent complete tax avoidance. The Federal Estate Tax is unified with the Federal Gift tax so that large estates cannot be shielded from taxation by lifetime giving.
The Federal Estate Tax is set forth beginning in ยง 2001 of the Internall Revenue Code. (26 U.S.C. 2001). The Federal Gift Tax is set forth......
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