Estate Taxes are a Nice Problem to Have

July 21, 2009 RSS Feed Print
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With the federal deficit galloping its way to a post-WWII high, as a share of economy activity, anyone who seriously believes the estate tax will be allowed to disappear next year can take his rightful place on Fox's Are You Smarter Than a 5th Grader? Outright repeal of the tax would represent an estimated $800 billion drain on the Treasury over 10 years, at a time when even a spare $100 billion is being treated as real money in Washington. More likely, we will see a continuation of this year's taxes, which exempt the first $3.5 million ($7 million per couple) and tax the rest at 45 percent. The big fight, if Congress is not exhausted by all the other Big Fights in store for it, will be over whether that threshold should become permanent or be rolled back to generate more tax revenues.

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The last time I looked, rich folks were not high on the list of interest groups whose stories played well on Capitol Hill. There remains much Democratic think-tank hostility toward the skewing of personal incomes to wealthier households that occurred in the Bush White House. And high earners are already being lined up to take it right on the chin with higher income tax rates to help pay for health reform. So, asking for a bit more blood would hardly be a surprise.

[See Know the Tax Rules for Charitable Donations.]

But there is one statistic involving estate taxes that just blows me away. The current estate tax applies to only 0.2 percent of all taxpayers -- a group estimated to total only 6,000 estates a year. Everyone else -- all 99.75 percent or so -- pay zero estate taxes.

Now, it's a sure bet that many of these 6,000 families have made huge philanthropic contributions to this country, as well as stepping up any number of times to lend their support to many, many good causes. Politics aside, the U.S. is most likely a much better place because of their efforts. But the idea that so much Sturm und Drang is expended on the estate tax is hard to accept when you stop and realize that all this energy is devoted to a policy that directly affects so few people. But, of course, most words devoted to the estate tax are not about those numbers but the larger issue of what has made American free enterprise so effective at creating wealth in the first place. One pro-repeal research paper argued that doing away with the tax would release good ol' U.S. ingenuity to the tune of creating 1.5 million jobs in small businesses. Why this might be so is hard to fathom, given that only about 100 small businesses and family farms are expected to pay estate taxes this year.

The bigger issue by far are the buckets and buckets of red ink that are being poured over the federal budget. Douglas W. Elmendorf, director of the non-partisan Congressional Budget Office, has been "Fiscal Man" in continuing to tell Democratic legislators what they don't want to hear: the budget is broken and all of their health-care reform proposals to date would make things worse, not better.

Of course, with health reform, we're all going to live forever, so the estate tax may fade as an issue. . . .

[See It's Time for Some Life Planning.]

Tags:
estate taxes,
deficit and national debt,
retirement

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One quote from the article above gives a real indication of how little Mr. Moeller understands this issue, namely " The current estate tax applies to only 0.2% of all taxpayers - - a group estimated to total only 6,000 estates a year. Everyone else -- all 99.75% or so -- pay zero estate taxes." Now, assuming his numbers are correct.....why do you think that is?

Well, the truly rich have many, many legal (but very expensive) ways to avoid estate taxes. Others who are likely to be susceptible to this tax wind up having to hire pretty expensive estate attornies, financial advisors, and accountants to take advantage of other legal ways to avoid paying or minimizing the tax, e.g. GRATs, last-to-die insurance, by-pass trusts, real-estate trusts, etc. A fairly large industry has grown up around avoiding/minimizing estate taxes.........not a very productive use of this brain-power. But of course, this "industry" forms its own lobby whenever the notion of killing this unfair tax arises. They sure want this tax to stay in place. The more complicated the tax code, the better for them. Small businesses are pretty much forced down this path lest the business be liquidated at the principals' deaths..........and the employees of that business get sent packing. That is why so few wind up paying this tax.......it doesn't happen naturally or without great recurring expense.

There's so much ineptness and anti-productivity in the tax code it is criminal. As we sit here today, the House, just days ago, passed its own version of a permanent bill................the exclusions contained in that bill are NOT indexed for inflation. Indexing tax break-points is pretty standard practice, but this time these same exclusions would be set in place forever. More and more people/businesses will get inflated above these exclusions as time goes by......as happened with the ugly and out-of-control AMT. And more and more will get to know these estate attornies, financial advisors, and accountants.

Why don't we want the government running anything? Because of this ineptness and anti-productivity and plain sloppiness every day. Take a walk through any federal office in any city............it's not an uplifting experience.

M.S. Williams of FL 5:01PM December 07, 2009

They tax it when you earn it, they tax it when you save it, they tax it when you spend it, and they tax it when you die.

I can remember a time, years ago, when policy was not to tax the same dollars twice. The theory was that a dollar spent on mandatory taxes was not income, and so would not be taxed as such. Dollars spent on state income *and* sales taxes, among others, were exempt from federal income tax.

Now, all dollars are subject to multiple taxes just because the government is greedy.

I also find it hard to believe that only 0.2% of taxpayers are subject to the estate tax. $3.5M is a middle-class estate these days. Can the number of qualifying estates really be that low?

Rocket J Squirrel of CA 12:41PM November 27, 2009

Estate taxes are immoral. The idea that Uncle Sam should benefit from your demise is immoral. It is sickening that Uncle Sam thinks it is entitled to anything upon your demise.

Dutch 11:33AM November 27, 2009

The Best Life

Philip Moeller, contributing editor for U.S. News Money, writes about achieving success and happiness in older age.

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