Wednesday, April 10, 2013

President Obama's 2014 Budget Proposal Calls for Estate Tax Hike

Casting aside the many other tax tweaks in the President's new proposed budget, I scoured the document for any proposed changes to the Federal Estate Tax.  It appears that, although he recently signed into law an increase in the Federal Estate Tax exemption amount allowing the first $5 million to pass tax-free, the new budget proposal ratchets that exemption back to $3.5 million.  Specifically, the budget calls for a return to the "2009 estate tax parameters," which leaves me wondering whether they intend to repeal the portability of the exemption between spouses, and whether there will be any attempt to curb the use of FLP's, LLC's and other business entities for minimizing the estate tax.

Here's the actual language used in the budget summary:


              "Return Estate Tax to 2009 Parameters and Close Estate Tax Loopholes.
The Budget returns the estate tax exemption and rates to  2009 levels beginning in 2018.              
Under 2009 law, only the wealthiest 3 in 1,000 people who die would owe any estate tax.
As part of the end-of-year “fiscal cliff” agreement, congressional Republicans insisted on permanently cutting the estate tax below those levels, providing tax cuts averaging $1 million per estate to the very wealthiest Americans. It would also eliminate a number of  loopholes that currently allow wealthy individuals to use sophisticated tax planning to  reduce their estate tax liability. These proposals would raise $79 billion over 10 years."

This may be much ado about nothing, as many are saying the proposal is dead on arrival in Congress, but it does indicate a desire to take back the estate tax concessions that were granted in the fiscal cliff deal.  Stay tuned.

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