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The KDDK Advantage - August/September 2008

Estate Taxes: What the Near Future May Hold
By Mark Samila

Even though economic times are tough right now, the estate tax is one area where Americans are getting some relief.

Just seven years ago the government allowed individuals only a $675,000 exemption from the estate tax while the tax rate was topping out as high as 55 percent. This year the allowable exemption is $2 million, and that amount is scheduled to increase to $3.5 million in 2009. For both 2008 and 2009, the top tax rate is 45 percent.

The estate tax is scheduled to be repealed in 2010 but it appears certain that this repeal will not be permanent — or even happen — considering the size of the current budget deficit.

Many Republicans support the one-year repeal in hopes that it will lead to a permanent estate tax repeal. But unless that happens, 2011 will bring the reinstatement of the estate tax with an exemption limit back down to $1 million and the top estate tax rate back up to 55 percent, if new legislation isn't enacted before then.

What many are wondering now is what to expect once the new president takes office in January 2009. Here are the two presidential candidates’ positions on estate taxes:

Senator McCain is proposing a $5 million exemption per person with a maximum 15 percent tax rate. Senator Obama proposes a $3.5 million exemption and a 45 percent maximum tax rate.

Either proposal would be better than the guidelines Americans have been placed under since 2001 and prior years. But due to the fact that the Democrats are almost certain to control Congress after the election — regardless of who wins the presidential race — the estate tax exemption amount is likely to be closer to Senator Obama’s proposal than to Senator McCain’s.

Regardless of your wealth level or of current estate tax exemption conditions, it is important to have an estate plan that will best provide for children and grandchildren, special needs family members or the future of a family business. If you would like to review your current estate plan or discuss a new plan, contact Mark Samila at 812-423-3183 or msamila@kddk.com.

The next KDDK ADVANTAGE will take a look at the presidential candidates’ positions on other key tax factors.

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