Flagpole Willy wrote:
I was just making a cynical joke, not really stating what was likely to happen. I DO NOT understand the whole gift tax thing though of if you give more than $11,000-$12,000 per year to a person that they then have to pay taxes on it. Seems like if I take a dispersal and pay taxes on that that I should be able to give money to whomever I want and as much as I want. Oh well.
that's why i wanted to respond though. too many people think that all inheritances are taxed. in fact, only 2 or % of all estate face any estate tax at all.
the gift tax thing is also wildly misunderstood. the federal estate and gift tax is a "unified" tax. the gift tax exists as a backstop for the estate tax. without it, you could avoid estate tax on your deathbed by giving everything away just before you die. so conceptually, the gift tax and the estate tax are the exact same thing. for both taxes, taxes are generally only due after death and they are only paid by the giver, not the recipient.
for the combination of the gift and estate tax, you have a "unified credit" that you may have heard of referred to before as an exemption amount. the amount is currently in flux as the law changes, but it is around $2 million per person. each individual can use that $2 million during life and/or at death. so if you give your kid a $500,000 gift so he can buy a house, you've eaten up 1/4 of your credit. thus, upon death, your estate is taxable on amounts above $1.5 million rather than on amounts above $2 million.
this gets us back to the $11-$12k exemption. amounts below that each year are ignored for purposes of the unified credit. it would be too administratively difficult to force everyone to track smaller gifts. gifts used for certain eligible purposes, like education, are also excepted. gifts to your spouse in any amount are likewise ignored.
so the estate planning "trick", if you can even call it that, is to give away $10k or so to as many close relatives as is reasonable each year to reduce the size of your estate. any growth on those gifts before you die will also not count against your credit because you never owned that growth.
finally, it's worth noting that for the large majority of people, the gift "tax" can be completely ignored in practice because their estate won't be large enough to matter. there are, nevertheless, certain filing requirements so that the IRS can keep track of the use of your unified credit.
hopefully this makes some sense. i had to write it quickly.