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By John Bouvier

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Additional info for A Law Dictionary VI: Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union (1874)

Example text

This gives your tentative estate tax. Finally, subtract your credits to find your net estate tax due. In the following questions I break down the key parts of this calculation and discuss how the estate tax calculation differs from the income tax calculation. Question 76. What is the difference in calculating estate tax versus income tax? The primary difference between income tax and estate tax calculations is how you determine your applicable tax rate. For income tax, you calculate your tax rate based on the level of income earned in a given year.

In some cases, the benefits for an annuity may end, and nothing will be added to the decedent’s gross estate. If the benefits will be paid in a lump sum upon death, then the lump sum is added to the gross estate. If the periodic benefits will continue to be paid after the decedent’s death, then you must calculate the present value of those benefits. That present value should be added to the gross estate. Formulas for calculating present value depend upon the type of annuity. If the annuity is a private annuity (any annuity issued by an entity other than an insurance company, such as an employer), use the interest set by the IRS, called the applicable federal rate, to calculate the present value.

How do you determine the value of property held as a co-ownership? If the property to be transferred after your death is held with another person, it can greatly affect the value to be reported as part of your estate. The estate laws assume that one person is the sole owner of the property. If you have partial ownership, the value of that property may need to be adjusted based on that partial ownership. How that value is adjusted will be based on the type of co-ownership involved. Ownership can be by tenancy in common, joint tenancy with right of survival, and tenants by the entirety and community property.

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