Taxes on Inheritance

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,646 reviews

Jump to Section

Need help with a Power of Attorney?

Create a free project posting

Taxes on inheritance refer to the taxes levied on the property or assets that someone inherits from a departed person. These taxes are generally settled by the heir or the beneficiary, depending on the specific regulations in their respective nations. Inheritance taxes differ from country to country and can be a source of debate and political discussion.

Essential Facts about Inheritance Tax

Inheritance taxes are taxes inflicted on the property or assets that a person inherits from a departed individual. These taxes are usually based on the value of the assets the beneficiary inherits and are computed as a percentage of that value. Inheritance taxes are usually paid by the inheritor or the heir, although the deceased's inheritance may be responsible for paying the tax in some circumstances.

In addition, inheritance taxes differ from estate taxes, although they are often used interchangeably. Estate taxes are taxes imposed on the total value of the deceased person's estate, including property, assets, and other possessions. On the other hand, inheritance taxes are only imposed on the specific assets the beneficiary inherits.

Types of Inheritance Taxes

Below are some common types of inheritance taxes.

  • Estate Tax

    An estate tax is on the total value of a deceased person's assets and property. The government levies this tax at the time of death, usually paid by the estate executor. The amount of tax levied can vary depending on the estate's value, and the tax rates can be quite high.

  • Generation-Skipping Transfer Tax

    A generation-skipping transfer tax is a tax on transfers of property or assets that bypass a generation. This tax prevents wealthy people from avoiding estate and gift taxes by transferring assets to their grandkids or other inheritors who are more than one generation younger than themselves. The tax rate for this type of transfer can be fairly high.

  • Gift Tax

    A gift tax is a tax on transferring property or assets from one person to another. This tax can apply to both living and departed people. In some circumstances, if the gift is made within a certain duration before the giver's demise, it may be subject to estate tax rather than gift tax.

  • State Inheritance Tax

    In addition to federal inheritance taxes, some states have their regulations. These taxes differ widely depending on the state, and the tax rates can be relatively high. Some states exempt certain property types from inheritance tax, such as property left to a surviving partner.

Meet some lawyers on our platform

Michael S.

2 projects on CC
View Profile

Ryenne S.

264 projects on CC
View Profile

Jane C.

124 projects on CC
View Profile

Patrick N.

3 projects on CC
View Profile

Advantages of Inheritance Tax

Below are some advantages of inheritance tax.

  • Promoting Equality

    Inheritance taxes help to promote equality by reducing the concentration of wealth in the hands of a few individuals. By taxing inheritances, governments can ensure wealth is distributed evenly across society. It is particularly important in societies where income inequality is high.

  • Generating Revenue

    Inheritance taxes can generate significant revenue for governments, which can be used to fund public services and programs. It can include everything from healthcare and education to infrastructure and social welfare programs. Inheritance taxes can also help reduce the budget deficit, which can positively impact the economy as a whole.

  • Promoting Charitable Giving

    Inheritance taxes can also encourage charitable giving. Many individuals donate a portion of their estate to charity to reduce the inheritance tax their beneficiaries must pay. It can significantly impact charitable organizations, which rely on donations to fund their operations.

  • Encouraging Productivity

    Inheritance taxes can encourage productivity. When individuals know their wealth will be taxed upon death, they may be more inclined to invest their money in productive ventures, such as businesses or new technologies. It can have a positive impact on the economy as a whole, as it can lead to job creation and economic growth.

  • Preventing Dynastic Wealth

    Inheritance taxes can help prevent dynastic capital, wealth handed down from generation to generation within a family. When wealth is consolidated in the hands of a few people, it can be challenging for others to break into the upper echelons of society. Inheritance taxes can help prevent this by ensuring wealth is distributed more evenly.

Implications of Inheritance Taxes

Inheritance taxes can substantially affect the deceased person's beneficiary and estate. For the heir, inheritance taxes can greatly decrease the value of the assets they inherit, depending on the tax rates and the total worth of the assets. It can impact the beneficiary's financial planning and may result in the need to sell some inherited assets to pay taxes.

For the departed person's estate, inheritance taxes can reduce the estate's overall value and may result in a lower inheritance for the beneficiaries. In addition, it can also impact the estate's ability to pay off debts and other expenses and may require the sale of assets to cover the tax liabilities.

Key Terms for Inheritance Taxes

  • Estate Tax: a tax imposed on transferring a deceased person's property, assets, and money, which the estate pays.
  • Taxable Estate: the total value of an individual's property, money, and assets subject to taxation upon their demise.
  • Gift Tax: A tax on transferring property or money from one living person to another without obtaining something of equal worth.
  • Exemption: The amount of property or money exempted from the inheritance tax calculation.
  • Lifetime Gift Exemption: The amount of money or property an individual can gift during their lifetime without incurring gift tax.
  • Inheritance Planning: Managing and organizing one's assets and property to minimize the impact of inheritance tax on heirs.
  • Tax Rate: The percentage rate at which an individual's taxable estate or gift is taxed.

Final Thoughts on Inheritance Taxes

Inheritance taxes have several benefits that cannot be ignored. They help to promote equality, generate revenue, encourage charitable giving, prevent dynastic wealth, and encourage productivity. While there are certainly arguments against inheritance taxes, it is important to consider the benefits they can provide. Moreover, by doing so, you can create a more just and equitable community for all.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a
Power of Attorney?

Create a free project posting

Meet some of our Lawyers

Zachary J. on ContractsCounsel
View Zachary
5.0 (73)
Member Since:
May 27, 2022

Zachary J.

Principal
Free Consultation
Crown Point, IN
4 Yrs Experience
Licensed in IL
The University of Michigan Law School

I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

Angela Y. on ContractsCounsel
View Angela
5.0 (8)
Member Since:
June 16, 2022

Angela Y.

Founder and Managing Partner
Free Consultation
New Jersey
8 Yrs Experience
Licensed in NJ, NY
Rutgers University School of Law

NJ and NY corporate contract lawyer and founder of a firm specializing in helping entrepreneurs. With a background in law firms, technology, and world class corporate departments, I've handled contracts and negotiations for everything from commercial leases and one-off sales agreements, to multi-million dollar asset sales. I love taking a customer-focused and business-minded approach to helping my clients achieve their goals. Other information: learning to surf, lover of travel, and one-time marathoner (NYC 2018) yulawlegal.com

Angelica M. on ContractsCounsel
View Angelica
5.0 (3)
Member Since:
June 12, 2022

Angelica M.

Managing Attorney
Free Consultation
North Carolina
8 Yrs Experience
Licensed in NC
North Carolina Central University School of Law

Angelica McDonald, Esq. has singlehandedly established an in-demand law firm, won several accolades for her incredible work in her community and has her sights set on building a bi-coastal law practice that serves clients from her hometown to Hollywood. She is putting her city of Raeford, North Carolina on the map as the birthplace of the next legal superstar. And she is just at the onset of her career. An astute attorney, Angelica is sought after for her razor-sharp business acumen and her relentless litigation style. With a diverse background in entertainment, media and sports law, as well as business, she represents entrepreneurs and athletes on everything from complex contract negotiation to intellectual property matters, ensuring anything they’ve built is protected.

Michael T. on ContractsCounsel
View Michael
5.0 (1)
Member Since:
June 13, 2022

Michael T.

Lawyer
Free Consultation
Fairfax, Virginia
33 Yrs Experience
Licensed in DC, MD, VA
College of William and Mary

I have been in practice since 1990 and practice in D.C., Maryland, and Virginia. I am an experienced litigator and look forward to resolving your legal questions as efficiently as possible.

Richard G. on ContractsCounsel
View Richard
5.0 (1)
Member Since:
June 20, 2022

Richard G.

Attorney
Free Consultation
Greensboro, NC
3 Yrs Experience
Licensed in NC
University of Elon School of Law

Hello! I am an Iowa native trying to bring some Midwest problem-solving to southern civil law. I thoroughly enjoy getting to know the individuals and businesses I assist. I practice estate planning and business formation and, with my litigation experience in mind, I help clients plan to ensure they and their interests are protected in the future.

Danielle G. on ContractsCounsel
View Danielle
5.0 (2)
Member Since:
July 12, 2022

Danielle G.

Attorney and Founder at Danielle D. Giovannone Law Office
Free Consultation
Schenectady, NY
16 Yrs Experience
Licensed in NY
Fordham University School of Law

Danielle Giovannone is the principal of Danielle D. Giovannone Law Office. In her experience, Danielle has found that many business do not require in-house legal counsel, but still need outside counsel that knows their business just as well as in-house counsel. This need inspired Danielle to start her firm. Before starting her firm, Danielle served as Contracts Counsel at Siena College and as an attorney at the New York City Department of Education, Office of the General Counsel. At the NYCDOE, she served as lead counsel negotiating and drafting large-scale commercial agreements, including contracts with major technology firms on behalf of the school district. Prior to the NYCDOE, Danielle worked as an associate at a small corporate and securities law firm, where she gained hands-on experience right out of law school. Danielle has provided legal and policy advice on intellectual property and data privacy matters, as well as corporate law, formation and compliance, employer liability, insurance, regulatory matters, general municipal matters and non-profit issues. Danielle holds a J.D. from Fordham University School of Law and a B.S. from Cornell University. She is active in her Capital District community providing pro bono services to the Legal Project, and has served as Co-Chair to the Niskayuna Co-op Nursery School and Vice President of Services to the Craig Elementary School Parent Teacher Organization. Danielle is a member of the New York State Bar Association.

Anand A. on ContractsCounsel
View Anand
5.0 (25)
Member Since:
July 17, 2022

Anand A.

Counsel
Free Consultation
Philadelphia, PA
9 Yrs Experience
Licensed in NJ, PA
Rutgers University School of Law

Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.

Michael R. on ContractsCounsel
View Michael
Member Since:
May 30, 2022

Michael R.

Attorney
Free Consultation
Torrance, CALIFORNIA
11 Yrs Experience
Licensed in CA
Whittier Law School (Top 5%)

If you're looking for an attorney who can help your business succeed, look no further! With my experience in the legal field, I can provide you with the legal advice you need with entity formation, contract drafting, business operations, and more, And because I'm committed to providing high quality service, you can be sure that your needs will always be met. Contact me today to learn more about how I can help your business thrive!

Jason Q. on ContractsCounsel
View Jason
Member Since:
June 12, 2022

Jason Q.

Attorney / Owner
Free Consultation
Sarasota, Florida
15 Yrs Experience
Licensed in FL
Wake Forest University School of Law

I am a Florida estate planning and probate attorney helping clients achieve their goals through personalized legal strategies. Excellent communication, thorough preparation, and accurate execution are the keys to success.

AHAJI A. on ContractsCounsel
View AHAJI
Member Since:
July 8, 2022

AHAJI A.

Attorney
Free Consultation
Houston, TX
24 Yrs Experience
Licensed in NC, TX
Indiana University - IUPUI

Ahaji Amos, PLLC is a Houston-based intellectual property and civil litigation firm servicing clients throughout the U.S.

Michael J. on ContractsCounsel
View Michael
Member Since:
July 14, 2022

Michael J.

Partner
Free Consultation
Warren, New Jersey
15 Yrs Experience
Licensed in NJ, NY
New York Law School

Combining extensive experience in litigation and as general counsel for a real estate and private equity company, I provide ongoing guidance and support to clients on a variety of transactional matters, including business formation, partnership agreements, corporate agreements, commercial and residential leasing, and employment issues.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city