Clients often ask me about estate taxes and how their estate may be affected by them. Laws surrounding estate taxes seem to be an ever-changing target and the Federal laws are quite different from those in Oregon. (California has no estate tax at the state level and so residents of California only need to concern themselves with the Federal rules.)
Federal Estate Tax Laws
Contentious political debate has always surrounded Federal Estate Tax (FET) laws, since first set into motion in 1916. It is interesting to note that FET has never produced more than 2% of federal revenues in any given year since World War II. The modern FET was repealed in 2001, with a gradual increase in the exemption amount until it was fully phased out in 2010. However, that legislation “sunsetted” and FET returned in 2011. In 2013, the exemption amount was $5 million per person at a rate of 40%, meaning that the first $5 million of a decedent’s estate would pass FET-free, with any amount over that being subjected to a 40% tax rate. This law had built into it an annual increase in the exemption amount. In December 2017, legislation was signed increasing the exemption amount to $11 million per person, again with annual increases. In 2019, the exemption amount is $11.4 million per person, resulting in only approximately 2,000 people (or 0.0006% of the population) in the U.S. currently liable for FET. This law also “sunsets” and in 2025, FET exemption amount is set to return to the $5 million level, absent any further legislation.
Federal laws surrounding Gift taxes are connected with FET, creating what is called a “unified exclusion.” This means that as a person makes large lifetime gifts, they are eating away at the $11.4 FET exemption amount. As an example, if a person gifts $5 million in assets over their lifetime, their FET exemption is reduced to $6.4 million at their death.
Oregon Estate Tax Laws
Oregon is one of 12 states (plus the District of Columbia) that levies an estate tax. The exemption amount of Oregon’s Estate Tax (OET) is $1 million per person with a graduated rate starting at 10% and capping at 16%. There is no adjustment to the exemption amount, and nothing to suggest that the laws will change any time soon.
Unlike the Federal Laws, there is no unified exclusion connecting Gift and Estate Taxes, and gifting does not affect the OET exemption amount. If someone knows they are about to die, they could gift away their assets before dying to avoid OET.
Estate Planning and Estate Taxes
For couples, revocable trusts can often offer sufficient estate tax planning to avoid most, if not all, estate tax otherwise due at the second spouse’s death (it is usually possible to avoid at the first spouse’s death). Other planning vehicles are available, but they are complex and should not to entered into without great thought and discussion with attorneys, accountants, and financial advisors.
NOTE: For current tax or legal advice, please consult with an accountant or attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.
In practice since 2001, Cheri Elson brought with her a specialty in estate planning, Probate, Estate Administration, Conservatorship Law, and Special Needs Trusts when she moved to the Rogue Valley with her husband in the summer of 2014. Licensed to practice in Oregon as well California, Cheri was certified with the CA Board of Legal Specialization as a Specialist in estate planning, Probate and Trust Law. In her 13 years of practice in California, she was an associate, partner, and practice owner. Cheri brings deep compassion and the highest professional standards to her clients. Advocacy is her specialty and she is adept at finding creative solutions even in the most challenging situations.