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Concept of Inheritance Tax write on sticky notes isolated on Wooden Table. inheritance tax
Michael Lonich

What is ‘inheritance tax’, and why does it exist?

October 20, 2023/in Estate Planning /by Michael Lonich

In the intricate web of financial regulations and taxation, one added layer of complexity is inheritance tax. Also referred to as estate tax, this often complex form of tax is essential to understand if you’re dealing with the inheritance of an estate.

So, what exactly is inheritance tax, who does it apply to, and how does it work? In this article, we’ll unravel the complexities surrounding inheritance tax, teaching you everything you need to know about this important tax consideration. 

What are inheritance taxes?

Inheritance taxes are a specific category of taxes imposed by governments on the transfer of wealth from a deceased individual to their heirs or beneficiaries. In the United States, the specifics of inheritance tax laws vary from state to state. 

The tax rates, exemptions, and thresholds are subject to frequent revisions and adjustments by governments, making it crucial for individuals to stay informed about the relevant laws and regulations in their area.

Inheritance taxes vs estate taxes

While they share similarities in their objectives and mechanisms, there are distinct differences between inheritance taxes and estate taxes. 

Inheritance taxes are taxes imposed on the assets or wealth inherited by beneficiaries after the death of the individual who owned those assets. These taxes are calculated based on the value of the inherited assets. The tax liability falls on the heirs or beneficiaries, and the amount owed may vary depending on a number of factors that we’ll discuss shortly.

Estate taxes, on the other hand, are levied on the entire estate of the deceased person before the assets are distributed to heirs or beneficiaries. These taxes are imposed by the federal government and are calculated based on the total value of the estate, including all assets, investments, real estate, and personal property. While inheritance taxes typically have a variable tax rate, estate taxes have uniform rates that apply to the entire estate. 

How is inheritance taxed?

In California, the taxation of inheritances can be a complex and nuanced process, influenced by a variety of factors, including:

  • The size and valuation of the estate
  • The nature of the assets
  • The relationship between the deceased and the beneficiaries

Most states provide exemptions or deductions to reduce the taxable value of the estate. These exemptions often include thresholds below which no inheritance tax is owed, as well as deductions for specific assets or bequests. For example, family homes, small businesses, and charitable donations may be exempt or subject to reduced taxation.

Inheritance tax rates are determined by the government and can vary widely depending on the state and the relationship between the deceased and the beneficiaries. Spouses and close family members may benefit from lower tax rates or even complete exemptions in some states, while more distant relatives or non-relatives may face higher tax rates.

Schedule a consultation to learn more 

Given the complexity of inheritance tax laws, it is highly advisable for individuals and families dealing with estate inheritance to seek the expertise of tax professionals, estate planners, or attorneys. 

At Lonich Patton Ehrlich Policastri, our experts can provide guidance on minimizing tax liability through various legal strategies and ensure your compliance with all applicable regulations.

Contact us today to schedule your free consultation.

 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

Michael Lonich

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Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.

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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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