Copyright 2001, 2002, Marc S. Weissman
Weiss & Weissman, San Francisco, California
(650) 574-0362
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2001 ESTATE TAXATION CHANGES

Under the 2001 Tax Act passed in June, 2001, the death tax exemption amount increases as listed on the chart below.

Die in:Death Tax Free AmountGift Tax Free Amount
1997$600,000$600,000
1998$625,000$625,000
1999$650,000$650,000
2000
2001
$675,000$675,000
2002
2003
$1,000,000$1,000,000
2004
2005
$1,500,000$1,000,000
2006
2007
2008
$2,000,000$1,000,000
2009$3,500,000$1,000,000
2010NO TAX IF YOU DIE IN 2010
WATCH OUT FOR YOUR KIDS THIS YEAR
$1,000,000
2011
AND LATER
$1,000,000$1,000,000

Of course, a couple can double the tax free amount with a Living Trust.

If the law is not changed before 2010, once the death taxes are eliminated the step-up in basis will be allowed only for $1,300,000, plus $3,000,000 left to a surviving spouse.

"Sunset" in 2011? The changes made by the new law, including the "death tax repeal," will cease to apply after 2010; in 2011 it all goes back to the 2000 law! Further changes in the rules are almost a certainty.