The loss of the family owned farm

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HDRider

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Unfortunate- The "unfortunate" part of Biden's proposed tax plan is the elimination of the, stepped-up basis. The stepped-up basis has been used for all inheritance for generations. How it works, is when property is inherited, it doesn't matter what the dead person paid for it, the value is stepped-up to what it is worth at the time of the death. This allows the person who is inheriting the property to show no gain in income from the inheritance.
 

Federal estate tax can reduce your inheritance before you get it

Estate taxes apply at the federal level. They're charged directly against the estate, forcing the estate's personal representative to use cash or sell estate assets to pay the tax.

Estate taxes apply at the federal level. They're charged directly against the estate, forcing the estate's personal representative to use cash or sell estate assets to pay the tax.


In the absence of language in a will or trust to the contrary, federal estate-tax liability typically doesn't affect specific bequests of cash or property to beneficiaries. Instead, those who receive any property remaining after specific bequests are made end up receiving less than they would in the absence of the estate tax.

Fortunately, there is a relatively high exemption from the federal estate tax. Up to $11.58 million can pass to heirs without any federal estate tax, although exemption amounts on state estate taxes in certain states are considerably lower and can apply even when the federal estate tax does not.

If the estate improperly fails to pay any estate tax due, the IRS has the power to collect from heirs. Technically, though, this isn't a tax on the heirs but rather a collection from inherited assets that should never have been distributed from the estate in the first place.



Question
Is money received from the sale of inherited property considered taxable income?
Answer
To determine if the sale of inherited property is taxable, you must first determine your basis in the property. The basis of property inherited from a decedent is generally one of the following:
 
That is correct. But I doubt it will pass in its current form. There is too much pushback already.
The thing I am not sure about is you get $12Mish before estate tax. By not have the step up basis you can rack up that faster it seems.

Im not real sure on this though. Details seem a little fuzzy at this point.
 
Yup - family owned businesses and farms are exempt from capital gains tax under the new proposed plan if the heirs continue to run it.
 
The thing I am not sure about is you get $12Mish before estate tax. By not have the step up basis you can rack up that faster it seems.

Im not real sure on this though. Details seem a little fuzzy at this point.
Different taxes. One is capital gains (that is the one this proposal is targeting) and the other is Federal Estate tax. And the Federal Estate tax is per person. So, a husband and wife have a total of close to $23m on which they can pass on and still avoid Estate taxes (federal). Estate taxes in each state are different. Tennessee did away with all Estate taxes about 7-8 years ago.

I understand their reasoning, you have a lot of billionaires that simply pass stocks to their kids and the kids get the step-up benefit when they sell it.

Maybe @NonTypicalCPA will chime in, I will defer to him on all tax matters.
 
I feel like if you own property or a vehicle it's paid for you shouldn't have to continue to pay taxes. Just my opinion. 🙌🏾 Doesn't make sense continuing to pay taxes on something you own. Yes I know it helps pay for roads, funds schools, ect but dang.
 
There was a reason (or were many reasons ) that the Founding Fathers specifically banned income/inheritance taxes. But the infinite wisdom of our modern politicians just seems to want to redistribute any wealth that we manage to gain, notice that I didn't use the word accumulate, they won't let us accumulate anymore!
 
Thank you.

I do not find Biden's plan objectionable as described in that article.

One quote from the article. - While the American Families Plan is light on details, the plan calls for an end to the effects of a stepped-up basis for gains of $1 million or more ($2 million or more for a married couple).
 

Federal estate tax can reduce your inheritance before you get it

Estate taxes apply at the federal level. They're charged directly against the estate, forcing the estate's personal representative to use cash or sell estate assets to pay the tax.

Estate taxes apply at the federal level. They're charged directly against the estate, forcing the estate's personal representative to use cash or sell estate assets to pay the tax.


In the absence of language in a will or trust to the contrary, federal estate-tax liability typically doesn't affect specific bequests of cash or property to beneficiaries. Instead, those who receive any property remaining after specific bequests are made end up receiving less than they would in the absence of the estate tax.

Fortunately, there is a relatively high exemption from the federal estate tax. Up to $11.58 million can pass to heirs without any federal estate tax, although exemption amounts on state estate taxes in certain states are considerably lower and can apply even when the federal estate tax does not.

If the estate improperly fails to pay any estate tax due, the IRS has the power to collect from heirs. Technically, though, this isn't a tax on the heirs but rather a collection from inherited assets that should never have been distributed from the estate in the first place.



Question
Is money received from the sale of inherited property considered taxable income?
Answer
To determine if the sale of inherited property is taxable, you must first determine your basis in the property. The basis of property inherited from a decedent is generally one of the following:
We have a $1M life insurance policy on my father in law for this very reason. Taxes due once everything is passed along. Ridiculous but necessary.
 
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