The Tax Benefits of Dying in 2010

They say death and taxes are the only two things you can really count on. Well, 2010 is shaping up to be a really good year to die because the estate tax is being set aside for a year under a law passed way back in 2001.

Obviously, there is really no good year to die. When considering estate taxes, however, it is a subject that has to be discussed. With this in mind, the 2010 year presents a very unique situation. One of the biggest, nastiest taxes in the Internal Revenue Code is terminated for just this year and can result in huge savings for those who pass on.

The estate tax is a brutal tax because, well, the dead can't vote. The tax works by creating a certain dollar amount exemption for an estate and then massively taxing any value above that amount. It is one part of the tax code that only makes sense with an example, so let's look at one.

The estate tax changes each year. That being said, it traditionally has had an exemption amount of $1,000,000 and a tax rate of 55 percent. [Yes, 55!]. So, let's say I die with a home, retirement account and term life insurance policy for $1,000,000. My wife and two kids survive me. The total value of my estate is $1.6 million dollars. Remember, my $1,000,000 life insurance policy counts as part of it.

So, what is my tax situation? Well, the first million is passed on tax free. The tax on the remaining $600,000 is huge. At 55 percent, we are talking $330,000 in tax. So my family ends up with $1,270,000 right? Nope. They will also have to pay estate tax at the state level and income tax on the distributions from the retirement account. Overall, the taxes may eat as much as one half of what I left them. It is a huge tax burden.

2010 is a unique year. Why? There is no estate tax this year. Yes, you read that right. It has been phased out over the years under a 2001 law. The problem is the phase out ends at the end of this year and returns to the one million/55 percent standard on January 1, 2011.

This is why 2010 is a good year to die. Well, as good as it can be!

Richard A. Chapo writes about tax debt relief and other issues related to taxes for BusinessTaxRecovery.com.