NOE VALLEY LAW
1330 Castro Street, San Francisco, California 94114

ROBERT T. RODDICK, ATTORNEY AT LAW - (415) 641-8687


An Estate Planning Lawyer with a 95% Estate/Probate Practice and Over Thirty Five Years Experience


Noe Valley Merchants & Professionals Association
   
    Gift Tax Annual Exclusions and Special Considerations    

Annual Gift Exclusion per Donee ($13,000.00)

Each individual donor may give any number of recipient donees a tax free gift of $13,000.00 per year which is not a future interest. Each year a couple may double this amount for each donee. To give away more than the exclusion each year is to reduce your Lifetime Estate Tax Exemption by that amount.

Unlimited Marital Deduction for Estate Taxes

Generally, the surviving spouse inherits from the decedent spouse free from Estate Taxes.

Capital Gains and the Stepped up Basis for Income Tax

Assets passing because of death receive a new stepped up basis for capital gains purposes. Furthermore, for all community property the surviving spouse's half interest also receives a new stepped up basis. In other words, for community property the entire asset is given a new stepped up basis for capital gains treatment. If it is then liquidated, there would be no capital gains income and therefore no Income Tax due.
A surviving spouse will inherit all estate assets tax free. An individual estate below the exemption amount shall pass to any heir tax free. With proper estate planning a couple would be able to shelter twice the exemption amount, set up a gift giving strategy while they are living, and take full advantage of a projected new basis on all community property to shelter their estate from Estate Taxes and possibly, future Income Taxes as well.
Shelter your estate from taxes wherever possible. With proper planning you may be able to shelter your entire estate from Estate Taxes or, at least, take full advantage of the Life Time Estate Tax Exemption, the Annual Gift Exclusions and all other possible deductions and considerations.

   

(415) 641-8687
Noe Valley Law Offices
web www.NoeValleyLaw.com
email noevalleylaw@sbcglobal.net

 
This website is designed for general information only. The information presented at this site should not be construed to be formal legal advise nor the formation of a lawyer/client relationship.
 
Noe Valley Law Offices © 2010 | Designed by Atomica Media