Home -> Law Blog Directory -> Estate Planning Blogs -> North Carolina Estate Planning Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Estate Planning
: North Carolina Estate Planning BlogSummary of the Tax Relief Proposal
By Greg Herman-Giddens
The Senate Finance Committee has produced a summary of the Reid Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, which extends the Bush tax cuts for two years. Here's what the proposal says regarding estate, gift and generation-skipping transfer taxes:
Temporary estate, gift and generation skipping transfer tax relief. The EGTRRA phased-out the estate and generation-skipping transfer taxes so that they were fully repealed in 2010, and lowered the gift tax rate to 35 percent and increased the gift tax exemption to $1 million for 2010. The proposal sets the exemption at $5 million per person and $10 million per couple and a top tax rate of 35 percent for the estate, gift, and generation skipping transfer taxes for two years, through 2012. The exemption amount is indexed beginning in 2012. The proposal is effective January 1, 2010, but allows an election to choose no estate tax and modified carryover basis for estates arising on or after January 1, 2010 and before January 1, 2011. The proposal sets a $5 million generation-skipping transfer tax exemption and zero percent rate for the 2010 year.
Portability of unused exemption. Under current law, couples have to do complicated estate planning to claim their entire exemption (currently $7 million for a couple). The proposal allows the executor of a deceased spouse's estate to transfer any unused exemption to the surviving spouse without such planning. The proposal is effective for estates of decedents dying after December 31, 2010.
Reunification. Prior to the EGTRRA, the estate and gift taxes were unified, creating a single graduated rate schedule for both. That single lifetime exemption could be used for gifts and/or bequests. The EGTRRA decoupled these systems. The proposal reunifies the estate and gift taxes. The proposal is effective for gifts made after December 31, 2010.
Note: under the portability heading, the reference to the current $7 million exemption per couple is erroneous, as there is no estate tax this year. The estate tax exemption was $3.5 million per person in 2009.
Full post as published by North Carolina Estate Planning Blog on December 10, 2010 (boomark / email).
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Mylicon Baby's Gas Relief Drops
Urgently Recalled Nationwide

More Details Emerge on the Bailout Proposal
Fourth DCA Holds Proposal for Settlement Can't Apply to Suit for Damages and Injunctive Relief
Dont Let Servicers Be Mortgage Relief Gatekeepers (Again)
Regulate in Haste, Repent in Leisure: Reforming the Financial Regulatory Scheme
President Signs Heroes Earnings Assistance and Relief Tax Act of 2008
Senate Finance Committee Unveils Tax Bill with AMT Relief, Tax Extenders









