What Is Estate Tax?

Estate and inheritance taxes can apply to a person’s assets when they pass away, based on where they lived and how much they were valued. Although the possibility of estate and inheritance taxes is significant, the overwhelming amount of properties are too limited to be subject to the federal estate tax, which, as of 2021, happens only if the deceased person’s assets are valued at $11.70 million or even more.

What Is Federal Estate Tax?

The federal estate tax is levied on properties transferred to heirs and survivors after a person’s death.

The cumulative tax due is determined by applying the fair market prices of all the decedent’s properties as of his death date. Still, the estate executor or administrator can choose to have it assessed six months later instead.

Using the six-month alternative valuation date can be advantageous if an estate is predicted to lose value for the next six months, allowing the estate tax to be measured on a lower basis.

The overall value of the properties is reduced by the number of credits an allowable estate tax deductions. This may include charitable bequests, the payment of mortgages and other debts owed by the deceased person, and the costs and expenses incurred in resolving the estate.



The residual amount above a certain threshold, known as the estate tax exemption, is taxed as a percentage of the value.

What Does Estate Tax Mean, What Does It Do?

The estate tax has been a significant source of federal revenue for over a century, but many myths exist. The estate tax has been a substantial source of federal tax revenue since 1916.

The estate tax in the United States is a tax on transferring a dead person’s estate. The tax is levied on property passed by a will or following state intestacy rules. Such taxable transfers include those made by an intestate estate or trust, and the payment of such life insurance premiums or financial account amounts to beneficiaries. The estate tax is a component of the United States’ Unified Gift and Estate Tax scheme. On the other hand, the gift tax refers to transfers of property made during a person’s lifetime.

The estate tax does not extend to properties passed to a surviving spouse under what is recognized as the unrestricted marital deduction. When the surviving spouse who received an estate dies, the heirs will be required to pay estate taxes if the estate reaches the exclusion cap.

For 2021, properties with cumulative gross assets and previous taxable gifts above $11.7 million (up from $11.58 million in 2020) must file a federal estate tax return and pay estate tax as needed.

In some instances, the effective estate tax rate in the United States is far lower than the top federal statutory rate of 37%.



This is due, in part, to the fact that the tax is only levied on the part of an estate that reaches the exclusion cap.

Nonetheless, since the estate tax only needs to apply to estates worth millions of dollars, very few individuals are required to pay it. Furthermore, estate holders and beneficiaries, or their lawyers, are constantly coming up with fresh and inventive ways to shield large portions of an estate’s residual value from taxes by taking advantage of quantity discounts, deductions, and loopholes passed by legislators throughout the years.

 Is inheritance classed as income?

The Relationship between Estate Tax and Gift Tax

Estate taxes are imposed on an individual’s properties and estate after death, but they can be prevented if assets are gifted before death. On the other hand, the federal gift tax refers to properties given away more than those thresholds while the taxpayer is still alive. The IRS states that the gift tax is applied whether the donor intended the transfer to be a gift or not.

What Is the Difference Between Inheritance Tax And Estate Tax?

An estate tax is levied on an estate before assets are distributed to beneficiaries. On the other hand, an inheritance tax refers to properties after being inherited and paid by the inheritor.

There is no federal inheritance tax, and only a few states (Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania) also have their inheritance taxes (as of 2019). Maryland is the only state that has both an estate and an inheritance tax.

Whether or not your inheritance will be taxed, and at what rate, is determined by its value, your relation to the deceased, and the laws and rates in effect where you live. An inheritance tax, including estate tax, is applied only to the sum that exceeds the exemption. Above those levels, the tax is typically levied on a sliding scale. Rates usually start in the single digits and grow to between 15% and 19%. The exemption you get and the amount you pay can differ depending on your connection to the deceased.

In general, the lower the rate you’ll pay, the closer your relationship to the decedent. In all six states, surviving spouses are excluded from inheritance tax. Domestic spouses are excluded as well in New Jersey. Except in Nebraska and Pennsylvania, descendants pay no inheritance tax.



The state in which the inheritor resides assesses the inheritance fee. While the federal government does not levy an inheritance tax, six states may begin in 2020: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. The tax rate is usually determined by how close the beneficiary is to the deceased person, and the closer, the more accessible. Spouses are almost always excluded.

Bottom Line

As long as the estate’s assets do not surpass $11.70 million in 2021, you are unlikely to be subject to federal estate or inheritance taxes. However, keep a watch on individual states’ laws because many of them and the District of Columbia levy estate and inheritance taxes.