Inheritance Tax: What It Is, How It Works - NerdWallet (2024)

Inheritance taxes often loom large in heirs' minds, but rarely are they a concern in reality: Only a small handful of states levy a tax on inheritances, so odds are you won’t have to pay one. But if you live in a state that does impose a tax, the specifics of your inheritance situation can dramatically change your bill.

What is inheritance tax?

An inheritance tax is a tax on assets, such as money or a home, inherited from someone who died. The person who inherits the assets pays the tax, and rates can vary based on the size of the inheritance and the inheritor's relationship to the deceased.

Inheritance tax returns and tax bills are typically due within several months of the decedent's death.

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When is an inheritance taxable?

Inheritance taxes typically apply when assets are passed down to you from someone who is not an immediate family member. The deceased’s spouse is typically exempt, meaning money and items that go to them aren't subject to inheritance tax. Children of the deceased are also sometimes exempt.

Some states also exempt up to a certain amount from inheritance tax. This could mean that if the threshold is $10,000 in your state and you inherit something worth $15,000, you may be subject to taxes on only the $5,000 that exceeds the threshold.

» Learn more aboutinherited IRAsand how they work

Is there a federal inheritance tax?

There is no federal inheritance tax.

In 2024, only six states — Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania — have a tax on inherited assets. Beginning next year, Iowa will phase out its state inheritance tax, eliminating it completely for deaths occurring on or after Jan. 1, 2025.

How much is inheritance tax?

Inheritance taxes are set by the state, so where you live, the specifics of your inheritance, and your own tax situation are factors in how much and whether you pay.

Inheritance tax rates by state

Here's a general overview of inheritance tax rates in states that impose them. This information is current as of 2023 — the most recently available data from each state's tax and revenue department — but be sure to visit your state's tax authority for an exhaustive list of rules and exemptions.

State

Inheritance Tax Rates

Who is Exempt

Other Rules

Iowa

2% to 6%.

  • Surviving spouse.

  • Parents, grandparents, great-grandparents.

  • Children, stepchildren, grandchildren, great-grandchildren.

  • Adopted descendants.

If the value of the deceased's estate is deemed to be less than $25,000, no inheritance tax is levied.

Kentucky

4% to 16%.

  • Surviving spouse.

  • Parents.

  • Children and grandchildren.

  • Siblings, including half-siblings.

Other relatives may be exempt on up to $500 or $1,000 worth of inherited assets, depending on their relationship to the deceased. If inheritance taxes are paid within nine months of the decendent's death, a 5% discount may apply.

Maryland

10%.

  • Surviving spouse.

  • Parent, stepparent, grandparent.

  • Children and stepchildren.

  • Siblings.

Property worth $1,000 or less is exempt from tax.

Nebraska

1% to 15%.

  • Surviving spouse.

  • Certain descendants below the age of 22.

Other close relatives may be exempt on up to $40,000 to $100,000 worth of inherited assets, depending on their relationship to the deceased.

New Jersey

11% to 16%.

  • Surviving spouse, civil union partner, domestic partner.

  • Parent, grandparents.

  • Children, stepchildren, grandchildren, great-grandchildren.

Other close relatives may be exempt on up to $25,000.

Pennsylvania

4.5% to 15%.

  • Surviving spouse.

  • Child younger than 21.

If inheritance tax is paid within three months of decendents death, tax is dicounted by 5%.

Sources: Iowa Department of Revenue; Kentucky Department of Revenue; Maryland.gov; Nebraska Legislature; NJ.gov; Pennsylvania Department of Revenue

Inheritance taxes vs. estate taxes

Inheritance tax and estate tax are two different things. Inheritance tax is what the beneficiary — the person who inherited the wealth — must pay when they receive it. Estate tax, on the other hand, is the amount that’s taken out of someone’s estate upon their death based on the value of the estate. One, both or neither could be a factor when someone dies.

Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024, and the federal estate tax rate ranges from 18% to 40%. Some states also have estate taxes, and they might have much lower exemption thresholds than the IRS. Assets that spouses inherit generally aren't subject to estate tax.

Because the estate tax and inheritance tax are different, some people can occasionally get hit with a double whammy. Maryland, for example, has an estate tax and an inheritance tax, which means an estate might have to pay the IRS and the state, and then the beneficiaries might have to pay the state again out of what’s left. However, this isn't the norm across the country.

States that have estate taxes, inheritance taxes or both:

» Dive deeper: Establishing state residency to ease your tax burden

Do you pay capital gains on inheritances?

If assets appreciate after you inherit them, you might need to pay capital gains tax if you sell the assets. The capital gains tax rate is based on, among other things, the profit you make. For example, if your father leaves you a stock portfolio worth $200,000 on the day he died, and you sell it all for $350,000 two years later, you might owe capital gains tax on the $150,000 gain.

Certain types of inheritances might also create taxable income. For example, if you inherit an IRA or 401(k), the distributions you take might be taxable. States might have their own capital gains tax rules, so it's a good idea to seek qualified advice. There are strategies to reduce capital gains taxes that could be a consideration.

How to avoid inheritance tax

If you live in a state that imposes inheritance taxes, there are a few ways to minimize the bill on handed-down assets.

  • Many states don’t tax gifts. Keep in mind that gifts don’t have to be cash — stocks, bonds, cars or other assets count, too.

  • You can take steps ahead of time to ensure beneficiaries are in the best situation possible. These estate-planning vehicles include living trusts, irrevocable trusts and grantor retained annuity trusts.

Getting help from a qualified tax expert can also be key. Several financial pros may be able to help you find ways to avoid or navigate inheritance tax, including estate planning attorneys, certified public accountants (CPAs) and certified financial planners (CFPs).

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Inheritance Tax: What It Is, How It Works - NerdWallet (2024)

FAQs

Inheritance Tax: What It Is, How It Works - NerdWallet? ›

An inheritance tax is a tax on assets, such as money or a home, inherited from someone who died. The person who inherits the assets pays the tax, and rates can vary based on the size of the inheritance and the inheritor's relationship to the deceased.

How are you taxed when you inherit money? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

What is the most you can inherit without paying taxes? ›

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.

How does the IRS know if I inherit money? ›

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300.

How does federal inheritance tax work? ›

There is no federal inheritance tax. Inherited assets may be taxed for residents of Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Whether you may pay inheritance tax depends on the amount of the inheritance, your relationship to the decedent, and the state in which the decedent lived.

How to avoid taxes on inheritance? ›

Transfer assets into a trust

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.

What happens when you inherit money? ›

Typically, the estate will pay any estate tax owed, with the beneficiaries receiving assets from the estate free of income taxes (see exception for retirement assets in the chart below). As a beneficiary, if you later sell or earn income from inherited assets, there may be income tax consequences.

What states have zero inheritance tax? ›

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, ...

Do you get a 1099 for inheritance? ›

In the context of an inheritance, if you received property as part of the inheritance and then sold it, the 1099-S would report the gross proceeds from that sale. Inheritances themselves are not considered taxable income for federal tax purposes, and thus, the inheritance amount is not taxed as income to you.

What is the difference between inheritance tax and estate tax? ›

An estate tax is levied on the estate of the deceased while an inheritance tax is levied on the heirs of the deceased. Only 17 states and the District of Columbia currently levy an estate or inheritance tax.

Can I deposit a large inheritance check into my bank account? ›

The best place to deposit the large cash inheritance is in a federally insured bank or credit union account. Putting the inheritance in a savings account is a good option for the short term.

Can IRS touch inheritance? ›

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

What is the inherited capital gains tax loophole? ›

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

How much can you inherit in the US tax free? ›

Estate Tax Thresholds

You can inherit up to $12.92 million in 2023 without paying federal estate taxes due to the estate tax exemption. However, some states have their own inheritance taxes, so you may still owe taxes to your state. Any estate exceeding the above thresholds could be taxed up to 40%.

Do I need to report my inheritance on my federal tax return? ›

If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income. Include only the interest earned in your gross income, not the inherited cash.

Does inheritance count as income? ›

Income Tax

Federal tax laws do not consider most inherited assets to be taxable income. This means that when an individual inherits assets, whether in the form of cash, stocks, real estate, or other valuable properties, the assets are not subject to federal income taxes at the time of transfer.

How to pass money to heirs tax free? ›

Strategies to transfer wealth without a heavy tax burden include creating an irrevocable trust, engaging in annual gifting, forming a family limited partnership, or forming a generation-skipping transfer trust.

What happens when you inherit a house from your parents? ›

Basically, the heir or heirs can choose to occupy it, sell it or rent it out. Here's a general breakdown of what each choice means: Occupying the home means it will stay in the family, which can be appealing if there are memories connected with the property.

Do I have to report the sale of inherited property to the IRS? ›

Report the sale on Schedule D (Form 1040), Capital Gains and Losses and on Form 8949, Sales and Other Dispositions of Capital Assets: If you sell the property for more than your basis, you have a taxable gain.

What states have no inheritance tax? ›

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, ...

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