Archive for February, 2009
The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news.
If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009 but is repealed in 2010.
For married couples, it’s when the second spouse dies, that estate tax can be a problem. When the first spouse dies the property passes to the surviving spouse tax free. Not so, when the second spouse dies.
One of the most important changes in estate planning is what happens to the basis of inherited property. Currently, when you inherit property, your tax basis when you sell that property is the market value of the property on the former owner’s death. The basis for that property is thus stepped-up to the value on the former owner’s death as opposed to the value of the property when the former owner bought the property.
This rule will also end in 2010. From then on, if you inherit property, you can use the stepped-up basis only for the first 1.3 million worth of the property. For any excess value, the basis will be the former owner’s basis or the value on that person’s death, whichever is smaller. Thus, there will need to be estate planning on which assets to take this stepped-up basis.
If you have an estate in excess of $2 million, one of the best ways to avoid estate tax is to give some of your property away now. You can make gifts of $12,000 yearly to any individual you choose, and to as many individuals as you choose. Couples can give twice that amount yearly to any individual. Any gifts you give to your spouse, so long as he or she is an American citizen, are tax-free. If your spouse is not an American citizen, the current tax-free amount on gifts is $12,000. Annual gifts are based on a calendar year.
Estate planning is exactly what the name says, a way to plan your estate so you can cut your estate taxes. However, to make the right moves you have to keep up on the changes in the law, which an estate planning attorney is able to do.
If you have a trust, will, or estate planning issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Estate Planning Lawyer and your Newport Beach Trust Attorney. Be sure to hire a California law firm with estate planning and trust law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a trust, will, or estate planning issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you.
By: R. Sebastian Gibson
About the Author:
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.
Visit our website at http://www.sebastiangibsonlaw.com if you have a trust, will, or estate planning issue of any kind. We have the knowledge and resources to represent you as your Rancho Santa Fe Estate Planning Lawyer and La Jolla Trust Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Malibu, Beverly Hills, Pacific Palisades, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.
Darwin Kacerski
Even though it may at first appear that your estate is not big enough to land under the estate tax net, you may be surprised how many people like you can have property above the exemption limit when you take into account life insurance death benefits and savings in 401(K) accounts. If this is indeed your case also, you can make sure that your loved ones get the maximum of the outcome of your lifetime labor just by implementing some simple estate tax planning strategies now. Dont let the fruits of your hard labor go needlessly in government coffers.
Estate tax is proposed to be totally abolished from 2010. However, it is a sunset provision and needs legislative confirmation in 2011 otherwise the tax returns. As you can never be sure of political promises in view of perpetual economic and political changes, it is advisable to take proper steps to reduce the size of your taxable estate now.
Since your life insurance proceeds are subject to estate tax, set up an irrevocable life insurance trust which can own your policies. This can help avoid payment of estate tax. However, any existing policy transferred to the trust would still be counted in your estate till three years from the date of transfer.
Marital deduction allows you to transfer unlimited assets to your spouse without any tax implications to your estate. This leaves you free to move up to $1million to your grandchildren or to others through gifts without paying gift tax. Or you can bequest them up to $2million taking advantage of the estate tax exemption limit.
You are also individually entitled to give away any amount during your lifetime to pay for tuition or for medical expenses not covered by insurance. The payment has to go directly to an educational institution or a medical service provider. For example, you can pay say $20000 to a private college directly to cover only tuition expenses of your grandchild. This attracts no tax and does not affect your $1million gift tax exemption. You can additionally gift another $12000 towards his board, room, books, and other expenses without paying any gift tax. If your spouse is also a tax payer, the same entitlement would be available for him/her. So together, both can gift up to $24000 in a calendar year without paying gift tax.
Taxpaying married couples are entitled to estate tax exemption of $2million individually, which is $4 million together.
Many people fail to understand and take advantage of the full estate tax exemption. Since marital deduction lets property without any value limits to be transferred on death from one spouse to the other, they take no steps and lose the $2million exemption available on the first death. Even though the property passes without estate tax on the first death, it is taxable in the estate of the other spouse who dies at a later date. At that time, only one $2million exemption is available.
This position can be avoided if a bypass trust is formed on the death of one spouse. Through similar stipulations in separate wills of each spouse it can be ensured that the trust would come into existence on the death of any spouse who dies first.
The first death will lead to the creation of the bypass trust and transfer of assets up to the estate duty exemption limit of $2million to the trust. The corpus is to be distributed among kids who are to be the ultimate beneficiaries. The surviving spouse would have full access to the benefits/income from the trust during his/her lifetime and can even withdraw principle up to a certain limit each year. On the second death, the assets of the bypass trust are not counted in the assets of the second to die spouse and are not taxed. This way both exemptions are availed through a bypass trust.
Any residual property above the exemption limit can escape estate taxes by forming a Qualified Terminal Interest Property Trust(Q-TIP). This is formed along with the bypass trust and the whole thing is generally referred to as an A-B trust.
By: Kris Koonar
About the Author:
Sacramento CPA firms offers Estate Tax Planning to individuals and businesses. We have former IRS auditors who know the system to make sure you only get the best advice. Discover a bevy or articles at : http://www.april15.com.
Noelia Boehning
There are no federal estate tax structure of two million dollars in 2007 will rise to 3.5 million in 2009 and will be totally eliminated in 2010. 2011 may find estate tax back with an exemption limit of $1000000 if the Congress does not pass a law for a full repeal.
At present, there are some steps that a person can take to effectively reduce estate taxes that may be applicable to his estate after his demise.
a) Take advantage of the estate tax exemption twice- If married, each spouse is entitled to an exemption of $2 million dollars on estate tax. This means that the total exemption available to a couple is $4 million. Usually people do not take any steps before the death of one partner and all assets automatically pass on to the other at the first death by virtue of the provision of marital deduction. Since there is no limit on marital deduction, there is no estate tax payable whatever be the size of the estate. However, the exemption of $2 million is wasted .
On the death of the surviving spouse, the entire estate is taxed, allowing an exemption of just the $2million attributable to the last dying spouse. With due planning, one can form a family trust which will allow availing the benefit of the $2 million exemption available to the spouse who died first giving a total exemption of $4 million.
b) Form a life insurance trust- Proceeds from a life insurance policy are subject to estate tax. By establishing a life insurance trust, a person other than the insured is made the owner of the policy. Usually it is the spouse or child or any other beneficiary. When the insured dies, this owner/beneficiary/trustee invests the trust funds i.e. the insurance proceeds and manages the trust for the benefit of other beneficiaries. Forming an insurance trust can cost below $1000 but can save substantially on estate tax, which can take away nearly half the proceeds if the size of the estate is above the exemption limit.
c) Gift part of your estate- If you are in an advanced age and have lifestyle and expenditure that is within your means, it may be sensible make gifts out of your estate to the people you intend leaving your estate to when you are no more. This would greatly reduce the size of the estate and may bring it within the limits of exemption. This technique may not be proper if you are still young would like your kids to benefit from inheritance in other ways.
d) Form a family liability company- This technique can be combined with the exemptions on gifts to effectively provide a solution to avoid paying estate taxes. If you have a business or property valued at say one million dollars, you can create a Family Limited Liability company where you contribute the property exchanging it for limited liability ownership units. If you break it into one hundred and fifty membership units each is valued at about $6667. These units would be eligible for marketability and/or minority discounts. When you gift these units, you can bring down the value of annual gifts within the exclusion limits by applying these discounts.
For example, when you gift two units to a child, the child would come to have a minority interest in the company. In addition, unlike publicly traded shares there is no real market for the units. Therefore discounts can be applied to the gift to bring their value within the exemption limit of $12000 even though the total value of the gifted units would appear be (6667 x 2) $13,333. These are advanced techniques and should be considered only in consultation with an expert in estate taxes.
These are just some of the ways to save estate taxes. Your estate lawyer would be able to provide you with more/apt solutions that may be suitable to your situation.
By: Kris Koonar
About the Author:
Sacramento CPA firms offers Estate Tax Planning to individuals and businesses. We have former IRS auditors who know the system to make sure you only get the best advice. Discover a bevy or articles at : http://www.april15.com.
Mauricio Tongue
How Much in Real estate taxes must I pay?
Real estate taxes are assed according to the sale value of your land or home. Rates are likely to be reassessed each year and normal inflationary increases and land values mean that your real estate taxes will increase with them. There are strict laws in place to ensure that these real estate taxes are paid and if you fall behind you are likely to even lose your home. The bill of rights requires that your property tax bill shows your assessment value of the property and the percentage of the how the figure has been arrived at. Real estate taxes can change according to the local municipal needs and area upgrades that need financing so your real estate taxes can change at any time in relation to municipal budgets.
Do I benefit from Real estate taxes?
Everyone benefits from real estate taxes because this money is used to the good all of all residents. In addition to this there are certain IRS benefits for real homeowners as well. Homeowner, are entitled to deduct payments of real estate taxes that they are paying on their property if you claimed for itemized deductions on your tax return. The IRS allows you to deduct real estate taxes on your main home as well as on any other homes and real estate you own. There are no also limits on the dollar amount of real estate taxes you can deduct either so this is certainly beneficial. For real estate investors with multiple properties and homes, there are also no limits on the number of these houses or properties for which deductions can be claimed for in real estate taxes.
How is Real estate Taxes paid?
When you pay monthly mortgage payment to a bank or financial institution holding your mortgage then the amount generally includes the real estate taxes that have to be paid on your property. The bank or mortgage holder pays these real estate taxes to the proper taxing county authority on their due dates. When your real estate taxes are included in your mortgage payments then you may claim an IRS deduction only in the tax year you actually pay your real estate taxes. You will find the real estate taxes paid for the year on the statement than the bank or mortgage lender gives you on the end of the year mortgage statements.
Buying Cheap real estate land and Homes with Tax Liens
Knowing the Ps and Qs or real estate taxes and tax lien foreclosures can make investing in real estate very lucrative. As mentioned above real estate taxes are tax deductible from the IRS no matter how many homes you own. If you have the right knowledge it is possible to purchase homes at a fraction of their prices for back real estate taxes but realtors and property investors in the know will rather prefer to keep this knowledge secret. It is possible to purchase luxury dream homes of your own or buy and sell property to make handsome returns if you know where to get your hands on this valuable information. You will find that the investment in information of this nature can also help you save money on your own property as well
Learn More About Real Estate and Tax Lien Properties
By: Richard
About the Author:
Richard has been researching the internet for quality work from home programs and business Opportunities to keep people informed and able to avoid scams since early 2003. You can use this honest advice and choose your home based business with confidence.
****
More Tips To Make Money Online
Lashandra Mowan
Tax issues often review the outer area of your home. They often look at the structure, landmark, and other buildings on the property. If you have a barn on the property, you will pay taxes on this too, since it increases the value of your home. Thus, real estate tax is estimated by your home value.
If you need help with real estate tax, you can find online real estate sites. The sites offer you tools to estimate your taxes, find deductibles on your property tax and more. Search around, since you may find ways to save money on your home tax.
Many of the real estate sites offer you support for home mortgage and interest deductions. In short, you may have the ability to deduct some of your interest on your real estate tax. Real estate sites will offer you information for investment income as well as finding deductibles on your real estate tax expenses. Tax forms are available at some of the websites online.
You will find help for questions that you may have, such as “Does interest on home equity” such as the “line of credit” has deductible options. You will find answers for second mortgage deductibles too.
You have the option in some instances to deduct equity on your home. This is often listed under the “itemized” deduction options.
You will find tips at the real estate sites too. Use the tips to save money. For instance, use the tip to pay your interest on your home during the tax year to save money.
Moreover, if you have a home business you can find help with real estate tax also. In fact, you can write off many things if you have a home business, which will apply to your real estate taxes.
Take advantage of the many options available to you at the real estate sites online. Use the tips perhaps to save money real estate tax.
To find additional help, be sure to visit the IRS tax center. At this center online you will find forms also, help with your taxes, and real estate tax information. Take your time to explore, since you may learn that you have more options than you realize to make money.
Real estate tax deductibles are the start of your exploration. Be sure to look at the itemized deduction details to take advantage of each item you can write off on your home.
By: Martin Lukac
About the Author:
RateEmpire.com, RateEmpire.com an internet consumer banking and mortgage marketplace. Rate Empire is a destination site of personal finance, investing, taxes and mortgage rates. Rate Empire provides mortgage guides and financial rates and information. Rate Empire also operates a financial portal #1 American Home Loans and #1 American Financial
Jeremy Brits


















