123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Federal Estate Tax, 2010 - Where Are We Going?

Profile Picture
By Author: rampandpisan
Total Articles: 1
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

When ERTA (Economic Recovery Tax Act) was passed in the year 2000, Ramp & Pisani, LLP, felt it was long overdue, at least as regards the changes it brought about to the federal estate tax.

The applicable exclusion amount, which leveled off at $600,000 in the late 70's, was supposed to be indexed to inflation each year thereafter, but, sadly, never was. Therefore, we lived with the $600,000 applicable exclusion amount for just about 25 years. ERTA raised this exclusion to $675,000 in 2001, $1,000,000 for 2002/2003, $1,500,000 for 2004/2005, $2,000,000 for 2006-2008, and $3,500,000 for 2009. In 2010 the federal estate tax disappears for one year.

In 2011, the applicable exclusion amount goes back to the 2002 level of $1,000,000. In addition, the top federal estate tax rate risers from a low of 45% in 2009 to 55% in 2011.

Ramp & Pisani, LLP, who specialize in estate planning, anticipated that the federal government, given the current economic climate, would ...
... not allow the federal estate tax to disappear entirely for the year 2010, but would, at the very least, reinstate the 2009 applicable exclusion amount of $3,500,000, (some legislators suggested $5,000,000 per individual). Ramp & Pisani, LLP, anticipated that this would take place sometime before April 15th of 2010.

Well, here it is well past that date, and not a hint or glimmer of this reinstatement can be seen. To make matters worse, we lost our stepped up basis which meant that, with certain exceptions, assets included in the estate of a decedent would receive a date of death value basis for income tax purposes - a nice benefit. Unfortunately with the death of the estate tax in 2010, we also see the death of stepped up basis. What we have is now is a new set of requirements which allows us to specify assets to which we want a basis increase applied - $3,000,000 in the case of spousal assets and $1,300,000 for assets passing to other than a spouse.

For this reason, Ramp & Pisani, LLP, can assist you in determining when distributions from estates of individuals dying in the calendar year 2010 should be made, and what assets should be chosen for basis increase. This increase in basis must be carefully utilized in order to minimize any income taxes due on the sale of certain decedent owned assets.

Due to the stepped up basis elections alone, it is estimated that almost 70,000 federal estate tax returns will be filed in 2010 and thereafter. Prior to the change, there was an average of approximately 5,000 federal returns filed.


About Author:
Ramp & Pisani, LLP is a small town law firm with a big city mentality located in Tenafly, New Jersey. We are a full service law firm with a particular emphasis in employment law, estate and estate planning, real estate, business law, and elder law.

Total Views: 123Word Count: 492See All articles From Author

Add Comment

Legal Articles

1. Why The Uae Is Emerging As A Global Hub For Arbitration Law And Dispute Resolution
Author: Dr. Hassan Elhais

2. How The Best Immigration Agent In Australia Can Simplify Your Visa Journey
Author: Reach Immigration

3. Your Rights As A Renter: What Your Landlord Can And Can’t Legally Do
Author: Monica Quinn

4. Mastering The Sponsor Management System (sms) – 2025: A Practical Guide For Uk Employers
Author: Conroy Baker

5. The Role Of A Divorce Law Firm In Singapore: What They Actually Do
Author: Singapore Sole Parent

6. How Much Does A Divorce Lawyer Cost In Singapore? Fee Breakdown
Author: Singapore Sole Parent

7. Navigating Financial Relief: Your Guide To Bankruptcy Attorneys In Houston, Tx
Author: RecoveryLawGroup

8. How An Ri Dui Lawyer Can Help You Avoid A Criminal Record
Author: Law Office of John R. Grasso

9. Uk Visa Refusal Reversal: Expert Assistance 2025 Guide
Author: The SmartMove2UK

10. Divorce Law Firms In Singapore: Services, Fees, And What To Look For
Author: Singapore Sole Parent

11. Why Are More Traders Turning To Crypto Trading Bots In 2025?
Author: William carter

12. Nyc’s E2 Visa Experts: Real Results, Real Fast
Author: Berd and Klauss PLLC

13. Uk Dependant Visa: Bringing Your Family To Britain, Made Easy!
Author: The SmartMove2UK

14. Understanding Emergency Bankruptcy Filing: A Rapid Solution For Financial Relief
Author: RecoveryLawGroup

15. The Impact Of Co-living And Co-working Trends On Dubai’s Real Estate Law
Author: Dr. Hassan Elhais

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: