There’s that pragmatic, and slightly depressing saying that the only sure things in life are death and taxes. But what about taxes on death? Just like you can’t escape taxes in life, they government can tax your estate at death. Indeed, it’s often referred to as the “death tax.” And, just like taxpayers file both federal and state income taxes, there are both federal and state estate taxes.
What is an Estate Tax?
When a U.S. resident dies, an estate tax may be levied against the gross estate, which includes the fair market value (FMV) of all owned property, as well as any assets the deceased had interest in (e.g. assets like life insurance). Think of it like the gross income figure you calculate for income tax returns.
Federal Estate Tax
Let’s start with federal estate taxes. Because this is a federal tax, this applies regardless of what state you die in.
For tax years 2018 through 2025, the exemption from estate, gift, and generation-skipping taxes was raised from $5.49 million per individual to an approximated $11.2 million. (Why do I say approximated? Because the exemption base is indexed, so the base for the 2017 tax year was $5 million; for the 2018 tax year, the base is now $10 million and indexed for inflation.) In plain terms, this means each individual should be able to pass over $11 million to their heirs before any estate, gift, and generation-skipping taxes apply.
If you’re married, this means your estate exemption now equals $22.4 million. (Or, you could think of it like each couple now has an additional $11.2 million in assets available to gift or make a testamentary transfer with thoughtful estate planning.)
The bottom line: if your estate is worth less than the federal exemption rates, it will be free from the estate taxes after you die. If you have an estate valued at more than the exemption threshold (and smart estate planning strategies are not appropriately implemented to shield assets from being counted in your estate’s gross value), your taxable estate will met with a tax rate of up to 40 percent.
State Estate Taxes
The caveat (and good news for residents of the majority of states) is that not all states have a state estate tax…including Iowa! Currently, 12 states and D.C. also impose an estate tax on residents. It’s important to note that the exemption rates for these state estate taxes are much lower than the federal exemption rate. For instance, our neighbors to the east in Illinois have an exemption rate of $4 million and a graduated marginal tax rate of of o.8 to 16 percent.
Note: figures may have changed since time of publication of this map.
Is there any reason an Iowan would need to account for state estate taxes in their estate planning? Only if they own real estate in another state. Let’s consider a hypothetical example to explain this better.
Alice with her Minnesota Lake House
Alice is an Iowa resident. She died in March 2018 owning a vacation home on her favorite lake in Minnesota. Alice’s gross estate totals $2.8 million. What estate taxes will Alice’s estate be responsible for?
Alice’s estate will escape federal estate taxes because her estate is less than exemption rate at $11.2 million
Alice’s estate won’t be subject to any Iowa state estate taxes because there aren’t any.
While Iowans largely escape the state estate tax, there is a state inheritance tax. The inheritance tax is different than the estate tax (although they they are often incorrectly used interchangeably). The estate tax is based purely on gross value and regardless of who inherits what; the inheritance tax is only charged against the share of inheritance of certain estate beneficiaries.
There’s a lot to note about Iowa’s inheritance tax, so I’ll do a deep dive into that here on the GoFisch blog later this week!
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/08/Screen-Shot-2018-08-14-at-12.09.28-AM.png6921055Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2018-08-13 11:12:092020-05-18 11:28:51Tax Talk: If You Die in Iowa is There a State Estate Tax?
Undoubtedly knowledge is power when it comes to understanding how different laws directly affect you. Indeed, living in a modern society mean that an interplay of laws govern pretty much every aspect of our lives in one way or another—even when it comes to death. That’s why I’m dedicated to breaking down terms (like in my “legal word of the day” series) and explaining processes (like how to form a 501(c)(3) in Iowa) related to GFLF’s core services. Because even if you’re not an attorney, that doesn’t mean you shouldn’t/can’t learn about the interplay of different laws Similarly, I think it’s important to get the word out about events in the community that can help grow knowledge on important topics like estate planning.
The Iowa State Bar Association (ISBA) announced they’re producing a seminar series called the “People’s Law School.” The first public information event will focus on three super important estate planning elements:
According to their website, the ISBA will “identify other topics of public interest and host similar seminars in the future,” so be on the look out for other upcoming opportunities to learn more about the law as a part of your life.
If you’ve dropped all the excuses and committed to making your estate plan happen, that’s great! It’s easy to get started with my free Estate Plan Questionnaire. Questions or want to discuss your estate? Don’t hesitate to contact me via email or by phone at 515-371-6077.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/08/Screen-Shot-2018-08-12-at-11.40.19-PM.png6811043Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2018-08-12 23:41:072020-05-18 11:28:51Estate Planning Event at Iowa State Bar Association
I love getting to collaborate with wonderful professional advisors (like financial advisors and insurance agents, among many others) to promote and maximize charitable giving in Iowa. Together we get to help their clients best incorporate strategic charitable giving in to their financial and estate planning goals and plans.
People come to philanthropy from many different places and for many different reasons. Beyond the obvious tax benefits of donating to a charitable organization, there’s always that admirable intention of wanting to make a difference, of aspiring to help the organizations and causes they care about progress.
As a starting point for discussing smart charitable giving solutions, I’ve created this handy one-pager. It gives an overview of strategies like the popular donor advised fund and different types of charitable trusts, and reminds of other options like an IRA charitable rollover and retained life estate. The pdf also hits on aspects of the Tax Cuts and Jobs Act that prospective donors and professional advisors should be aware of.
Click here to view the free guide to smart charitable giving solutions and then let’s continue the conversation. Additionally, you can learn more about how Gordon Fischer Law Firm works with the professional advisors here. Together I’m certain we can craft the best, legal giving solutions that align with your clients’ giving goals.
Tax Talk: If You Die in Iowa is There a State Estate Tax?
Estates & Estate Planning, Taxes & Finance, Wills, Trusts & EstatesThere’s that pragmatic, and slightly depressing saying that the only sure things in life are death and taxes. But what about taxes on death? Just like you can’t escape taxes in life, they government can tax your estate at death. Indeed, it’s often referred to as the “death tax.” And, just like taxpayers file both federal and state income taxes, there are both federal and state estate taxes.
What is an Estate Tax?
When a U.S. resident dies, an estate tax may be levied against the gross estate, which includes the fair market value (FMV) of all owned property, as well as any assets the deceased had interest in (e.g. assets like life insurance). Think of it like the gross income figure you calculate for income tax returns.
Federal Estate Tax
Let’s start with federal estate taxes. Because this is a federal tax, this applies regardless of what state you die in.
Not too long ago, I reviewed the Tax Cuts and Jobs Act’s (TCJA) impact on estate planning. (Why? Because smart estate planning accounts for taxes and employs strategies that minimize said taxes.) One of the most significant changes from the “new tax law” was with the estate tax exemption. This is the figure subtracted from an estate’s gross value in order to calculate federal taxes.
For tax years 2018 through 2025, the exemption from estate, gift, and generation-skipping taxes was raised from $5.49 million per individual to an approximated $11.2 million. (Why do I say approximated? Because the exemption base is indexed, so the base for the 2017 tax year was $5 million; for the 2018 tax year, the base is now $10 million and indexed for inflation.) In plain terms, this means each individual should be able to pass over $11 million to their heirs before any estate, gift, and generation-skipping taxes apply.
If you’re married, this means your estate exemption now equals $22.4 million. (Or, you could think of it like each couple now has an additional $11.2 million in assets available to gift or make a testamentary transfer with thoughtful estate planning.)
The bottom line: if your estate is worth less than the federal exemption rates, it will be free from the estate taxes after you die. If you have an estate valued at more than the exemption threshold (and smart estate planning strategies are not appropriately implemented to shield assets from being counted in your estate’s gross value), your taxable estate will met with a tax rate of up to 40 percent.
State Estate Taxes
The caveat (and good news for residents of the majority of states) is that not all states have a state estate tax…including Iowa! Currently, 12 states and D.C. also impose an estate tax on residents. It’s important to note that the exemption rates for these state estate taxes are much lower than the federal exemption rate. For instance, our neighbors to the east in Illinois have an exemption rate of $4 million and a graduated marginal tax rate of of o.8 to 16 percent.
Here’s an incredibly helpful map from Tax Foundation that illustrates this.
Note: figures may have changed since time of publication of this map.
Is there any reason an Iowan would need to account for state estate taxes in their estate planning? Only if they own real estate in another state. Let’s consider a hypothetical example to explain this better.
Alice with her Minnesota Lake House
Alice is an Iowa resident. She died in March 2018 owning a vacation home on her favorite lake in Minnesota. Alice’s gross estate totals $2.8 million. What estate taxes will Alice’s estate be responsible for?
Iowa’s Inheritance Tax
While Iowans largely escape the state estate tax, there is a state inheritance tax. The inheritance tax is different than the estate tax (although they they are often incorrectly used interchangeably). The estate tax is based purely on gross value and regardless of who inherits what; the inheritance tax is only charged against the share of inheritance of certain estate beneficiaries.
There’s a lot to note about Iowa’s inheritance tax, so I’ll do a deep dive into that here on the GoFisch blog later this week!
Questions about how taxes (and other fees) may affect your estate plan? Need to revise your current plan after changes to the tax code? Don’t hesitate to contact me via email at gordon@gordonfischerlawfirm.com or by phone (515-371-6077).
Estate Planning Event at Iowa State Bar Association
Estates & Estate Planning, Events, Powers of Attorney, Wills, Trusts & EstatesUndoubtedly knowledge is power when it comes to understanding how different laws directly affect you. Indeed, living in a modern society mean that an interplay of laws govern pretty much every aspect of our lives in one way or another—even when it comes to death. That’s why I’m dedicated to breaking down terms (like in my “legal word of the day” series) and explaining processes (like how to form a 501(c)(3) in Iowa) related to GFLF’s core services. Because even if you’re not an attorney, that doesn’t mean you shouldn’t/can’t learn about the interplay of different laws Similarly, I think it’s important to get the word out about events in the community that can help grow knowledge on important topics like estate planning.
The Iowa State Bar Association (ISBA) announced they’re producing a seminar series called the “People’s Law School.” The first public information event will focus on three super important estate planning elements:
While the seminar is being billed as one for “older Iowan issues,” I have to remind that everyone needs an estate plan! Even young professionals and definitely married couples. Definitely people with kids and people with pets! Even college students can benefit from putting a power of attorney in place. And, especially working and middle-class folks need a up-to-date estate plan.
At the seminar, attendees can have a living will or medical power of attorney form notarized at the event if they bring their completed documents.
The session will be held 5:30-7 p.m. on September 19 at the ISBA Headquarters in Des Moines. Interested? You can register online here.
According to their website, the ISBA will “identify other topics of public interest and host similar seminars in the future,” so be on the look out for other upcoming opportunities to learn more about the law as a part of your life.
If you’ve dropped all the excuses and committed to making your estate plan happen, that’s great! It’s easy to get started with my free Estate Plan Questionnaire. Questions or want to discuss your estate? Don’t hesitate to contact me via email or by phone at 515-371-6077.
Free Guide for Professional Advisors: Smart Charitable Giving Solutions
Charitable GivingI love getting to collaborate with wonderful professional advisors (like financial advisors and insurance agents, among many others) to promote and maximize charitable giving in Iowa. Together we get to help their clients best incorporate strategic charitable giving in to their financial and estate planning goals and plans.
People come to philanthropy from many different places and for many different reasons. Beyond the obvious tax benefits of donating to a charitable organization, there’s always that admirable intention of wanting to make a difference, of aspiring to help the organizations and causes they care about progress.
As a starting point for discussing smart charitable giving solutions, I’ve created this handy one-pager. It gives an overview of strategies like the popular donor advised fund and different types of charitable trusts, and reminds of other options like an IRA charitable rollover and retained life estate. The pdf also hits on aspects of the Tax Cuts and Jobs Act that prospective donors and professional advisors should be aware of.
Click here to view the free guide to smart charitable giving solutions and then let’s continue the conversation. Additionally, you can learn more about how Gordon Fischer Law Firm works with the professional advisors here. Together I’m certain we can craft the best, legal giving solutions that align with your clients’ giving goals.