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20 Cards in this Set

  • Front
  • Back
Purpose of federal transfer tax system

To tax the transfer of wealth at least once at each generation
Maximum tax rate

40%
Commonalities between gift and estate tax


Marital deduction


Charitable deduction


Unified credit




Calculation of estate tax

compute tax on entire amount, and then deduct the estate tax applicable credit amount ($2,117,800)
Gift splitting
Allows a gift of property owners by one spouse to be treated as if one-half of it was made by each spouse, there doubling the allowable annual exclusions--federal gift tax
Annual exclusion

Can gift up to $14k/yr w/ no taxes-- federal gift tax

Tax inclusive/exclusie


Gift tax-- $ used to pay gift is not taxed itself




Estate tax-- $ used to pay estate tax is part of the gross estate

Income taxes basis


Gift tax- adjusted


Estate tax- stepped up

Valuation of life insurancee


Term- unused portion of last premium is included




Whole life- cash value plus unearned premium




Paid up - premium it would take to be. A single pay

Blockage discount

A sizeable amounof stock contained in the decedents estate cannot be readily sold at one time without decreasing the stocks market price.

Annuity discount (charitable and commercial)

Value is equal to the premium charged by the issuing insurance company for a single life annuity o the survivors life as of the decedent date of death

Annuity discount (private and charitable trusts)

Value is determined by the PV of future payments.

Tenancy in common

The FMV of their share

JTWROS

Spouses - 1/2 of the FMV




Not spouses - FMV based on the deceased personal contribution to the original purchase price. Must be able to prove contribution. If not able to prove then 100% of FMV is included. If property was received as a gift then everyone has equal ownership

TBE and CP

50%
Special use valuation


ALlows farm real estate to be valued on the basis of its current use rather than at its FMV if:


1)land owned by decedent or decedent family


2)value of qualified real and personal property must equal at least 50%


3)value of the qualified real estate must equal at least 25%


4)must be located in the US


Date of valuation

Date of the decedent death or 6 months after (alternative date). Applies to everything in the estate.

Due date for return for federal estate tax

9 MO. Can file for a 6mo extension
Federal estate tax rates

18 - 40%
Steps in determining the value of an estate

1)what type of asset is it?


2)which valuation date?


3)which valuation method - FMV or exception?