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Present Law and HR 1836 Estate Tax Provisions as Passed by Congress |
|
Provision |
Present Law |
Estate Tax Provisions contained in HR 1836 |
Estate tax rates |
Graduated rates ranging from 18 to 55 percent |
Repeals rates in excess of 50 percent in 2002; 2003 through 2006, reduces rate by one percentage point per year; 2007 through 2009, 45 percent maximum estate tax rate; repeals estate and gift taxes in 2010; provisions sunset on 12/31/10† |
Five-percent surtax |
5-percent surtax on transfers in excess of $10,000,000 but not exceeding $17,184,000 |
Repeals the 5-percent surtax in 2002; provisions sunset on 12/31/10† |
Unified credit /Unified exemption |
Unified credit (effective exemption) amount in 2002 and 2003, $229800 ($700,000); in 2004, $287,300 ($850,000); in 2005, $326,300 ($950,000); in 2006 and thereafter $345,800 ($1,000,000) |
Increase unified credit to effective exemption amount in 2002 and 2003, $1 million; in 2004 and 2005, $1.5 million; in 2006 through 2008, $2 million; in 2009, $3.5 million; provisions sunset on 12/31/10† |
State estate tax credit |
Alows a credit against the Federal estate tax liability for amounts paid for State estate taxes |
Phase-out and repeal of the state estate tax credit, reduced by 25 percent in 2002, by 50 percent in 2003, by 75 percent in 2004, repealed in 2005; provisions sunset on 12/31/10† |
Provisions affecting small and family-owned business and farms |
Special use valuation (reduces market value by $750,000); family-owned business and farm deduction (allows an additional $675,000 deduction); and allows installment payments at reduced interest rates |
Repeals family-owned business and farm provisions in 2004 (retains special use valuation and installment payments); provisions sunset on 12/31/10† |
Basis of property acquired from a decedent |
Property passing from a decedent’s estate generally takes a stepped-up basis, meaning fair market value |
Property passing from a decedent’s estate takes carryover basis, meaning the basis of the owner; estate may elect to step up basis by up to $1.3 million; provisions sunset on 12/31/10† |
Transfers to a surviving spouse |
Unlimited deduction for transfers to a surviving spouse |
In addition to the limited $1.3 million basis step up allowance, an additional $3 million of property transferred to a surviving spouse may step up basis, total transfers to surviving spouse $4.3 million; provisions sunset on 12/31/10† |
Gift tax provisions |
Annual exclusion of $10,000 to any one donee during the taxable year, exclusion of $20,000 if spouse consents to split the gift with donor spouse |
Retains gift tax provisions in 2010 and thereafter with lifetime exclusion of $1 million; gift tax rates set at the highest individual income tax rate; provisions sunset on 12/31/10† |
Generation skipping transfer taxes |
Imposes a 55-percent transfer tax on amounts in excess of $1 million for transfers to a beneficiary one or more generation below that of the transferor |
Coordinates rates to the maximum estate and gift tax rates; modifies indirect skips, retroactive allocation of GST, rules affecting severing trusts, valuation rules, and relief from late elections; full repeal in 2010; provisions sunset on 12/31/10† |
Expand availability of installment payment relief |
Allows certain corporations with 15 or fewer partners or shareholders to elect installment payments |
Increases from 15 to 45 the number of partners and shareholders eligible for installment payments; extends availability to qualified lending and finance business interests; and extends availability to certain holding company stock; provisions sunset on 12/31/10† |
Conservation easement exclusion |
Estates with qualifying conservation easement property may exclude 40 percent of the value; up to $400,000 in 2001 and $500,000 in 2002 and thereafter |
Repeals the 25-mile and 10-mile limits, and clarify the date for determining easement compliance; provisions sunset on 12/31/10† |
Reporting and Compliance Provisions |
No provision |
Various reporting and compliance provisions; provisions sunset on 12/31/10 † |
†Provisions will sunset on December 31, 2010. Sunset means that all provisions
contained in HR
1836 expire and estate tax provisions
revert to prior law as if HR 1836 had never been enacted.