What is an Inheritance Tax?

business economy

At one time in American history, wealthy families with names such as Carnegie, Rockefeller and Vanderbilt controlled vast private fortunes. Whenever a senior Vanderbilt died, a younger Vanderbilt would immediately inherit his home and all the assets within. The federal and state governments could only tax whatever the estate chose to liquidate. In an effort to create a populist 'share the wealth' policy, a progressive Congress decided to levy a new tax on anyone who inherited substantial property or other assets through a legal will. Thus the first inheritance tax was born.

In the United States, a state government collects an inheritance tax while the federal government collects an estate tax. Both work on roughly the same principle. Whenever an individual is named in a legal will as the recipient of assets from an estate, he or she may be liable for an inheritance tax to the state. This is not the same as taxes levied on the property itself, but due simply for the right to assume ownership. The inherited property is evaluated and, depending on its value and the inheritor's relationship to the deceased, an inheritance tax may or may not be levied.

This is where the inheritance tax laws become very murky and controversial. Currently, an inheritance tax has more exceptions and exemptions than most other tax laws combined. First of all, the value of the property or monetary asset must exceed US$1.5 million in order to even qualify for the inheritance tax. This eliminates most inherited property immediately. 'Class A' relatives, which include spouses, children, parents and grandchildren, are also considered exempt from an inheritance tax. The worst case scenario would be for a favorite cousin to inherit his uncle's US$3.5 million mansion in the Hamptons. The cousin would face up to a 50% inheritance tax on the property, which would mean an instant debt of US$1 million or more.

Some refer to an inheritance tax as a 'death tax', but that is not an entirely accurate description. The taxes levied after an estate sale are for the value of the items sold -- this would be considered a form of death tax. An inheritance tax is based on the value of an asset which may or may not be sold. The original intention of the inheritance tax/estate tax law was to eventually reduce the wealth of robber barons and extremely rich private landowners.

Only a select number of citizens are affected by an inheritance tax, but it is still a highly-charged political issue. Other nations have eliminated or severely limited their own versions of the inheritance tax, but the United States government continues to keep some form of estate tax on the books. Eliminating the 'death tax' may help many of the country's wealthiest citizens remain wealthy, but the general population has little to fear from an inheritance tax law.

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16
I am Scottish and my parents continue to live (and pay taxes) in the UK, whereas I live (and pay taxes) in the USA. Would I be liable to inheritance tax from the UK or USA?
- anon50536
15
I will inheriat from my son.s estate $5,402.43. will I have to pay any taxes on it?
- anon44501
14
I have lived in a home for over 10 years.

My brother put my name on the deed with tenancy of survivorship. He recently died. I have paid all of the upkeep, property taxes, homeowners insurance etc. His intent when he bought the place 10 years ago was to give me the home. The value of the property is $134,000.00 for my home. Now that the property has come to me, do i have to pay an inheritance tax? I do not have the money to pay the tax. I am a single parent and live in the home with my 2 children. I live in the state of nj.

- anon37629
13
My aunt recently passed. The estate is currently in probate. She has no children or living relatives other than my mother, my brother and myself. She left all of her investments (stock, bonds, etc.) to my 88 yo mentally challenged mother. As Personal rep to the estate, I am trying to protect my mom as we move assets to her. I am contemplating cashing out a sizable amount of investment $71+K and moving it into annuities, but I need to understand tax ramifications to mom if we cash out with the intent of purchase of annuities.
- patton
12
Is the money i receive as inheritance (&70,000)from France taxable and do i have to declare it as income? I am on Social Security and my husband is 100% disabled.
- anon25731
10
I received an inheritance of $50,000 from my sister who lived in Canada. She was a US citizen working as a landed immigrant.

I know there is no inheritance tax in Canada & I live in the US. Will I have to pay any US or state tax?

- anon25520
9
I just found out that I had a relative in Africa that died in a car accident and I am the only living relative to receive the inheritance. Since I live in the U.S. what is the tax on that inheritance, and do I also pay an estate tax too?
- jeffgrippen
8
My uncle passed away late in February 2004, leaving me 40,000$ and 440,000$ total. I still have yet to receive this money, and all I have been told is that it would be taxed. I live in Canada, he lived in the US. I'm just wondering how I get that money, any help would be greatly appreciated.
- leveer
6
I received an inheritance upon my mother's death in April 2007. I opened a US bank account to put the money in. I am American but live in France with my French husband of 17 years. Is this money taxable?
- maggie25
4
Is the money you receive from an inheritance taxable income?
- anon8781
2
what will i,as a sister, be liable for in taxes on an state from my brother that is totalled at $118,000 cash and $182,000 in real estate. i live in michigan.
- anon1737
1
If I don't pay an inheritance tax, is the money taxable as income?
- anon883

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Written by Michael Pollick
Last Modified: 29 October 2009

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