Inheritance tax penalties soar as more families fall foul of the rules (2024)

FAQs

Are there loopholes for inheritance tax? ›

Place assets within a trust.

Another commonly used inheritance tax loophole is placing your assets within a trust. Your estate will not include these assets and therefore they avoid inheritance tax. Trusts are a great way to leave behind part of your estate to somebody who is too young to handle their affairs.

Inheritance tax is a complex issue with both advantages and disadvantages. While it can generate revenue for the government and promote fairness, it can also lead to double taxation and have a negative impact on family-owned businesses.

Certain types of trusts can help avoid estate taxes. An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

The Angel of Death tax loophole allows individuals to inherit appreciated capital gains assets with a step-up in basis. A simple example will make the loophole clear.

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

Inheritance Tax Exemptions

In all six states, a surviving spouse is exempt from paying inheritance tax. New Jersey is the only state that has a complete exemption for domestic partners. Kids and grandkids are exempt from inheritance tax in each of the states except for Pennsylvania and Nebraska.

The simplest way of avoiding Inheritance Tax is via the spouse or civil partner exemption rule. This covers couples who are either legally married or in a civil partnership. It also covers partners who are separated, but not those who are divorced (or had their civil partnership dissolved) at the time of death.

Can IRS seize inherited property? Yes, the IRS can seize inherited property for unpaid taxes after following their standard process of notices.

One type of trust that helps protect assets is an intentionally defective grantor trust (IDGT). Any assets or funds put into an IDGT aren't taxable to the grantor (owner) for gift, estate, generation-skipping transfer tax, or trust purposes.

The states with no state estate tax as of mid-2023, are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, ...

Does IRS count inheritance as income? ›

In some situations, you may not have an immediate tax liability. However, if the property you receive as a bequest (i.e., inherited property) produces income such as interest, dividends, or rents, your inherited property is taxable on the income tax return to whomever inherited the property.

Think twice about property as a gift

From a financial standpoint, it is usually better for your heirs to inherit real estate than to receive it as a gift from a living benefactor.

Inheriting $100,000 or more is often considered sizable. This sum of money is significant, and it's essential to manage it wisely to meet your financial goals. A wealth manager or financial advisor can help you navigate how to approach this.

A common way to avoid Inheritance Tax, or reduce the amount eventually payable, is to give money or assets to the beneficiaries of your estate while you're still alive. This will not only reduce the value of your estate once you die, but also help the assets reach your loved ones tax-free.

You can mitigate that through the use of an intentionally defective grantor trust, or IDGT. This is an irrevocable trust into which you place assets, again shielding them from estate taxes.

The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.

When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes.