Inheritance Tax vs. Estate Tax

What are the differences between inheritance tax and estate tax?

Inheritance tax is a state-level tax paid by heirs on assets they receive, while estate tax is a federal or state tax on the total value of a deceased person’s estate before distribution to heirs.
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When someone passes away, their assets and property may be subject to taxes that reduce what heirs eventually receive. Two common taxes often confused are inheritance tax and estate tax. Although related, they serve different functions, are imposed at different levels of government, and affect different parties.

What Is Estate Tax?

Estate tax is a tax applied to the total value of a deceased person’s property, money, and assets before these are distributed to beneficiaries. It is typically paid out of the estate itself, reducing the overall amount passed on to heirs.

  • The federal government imposes an estate tax on estates exceeding the exemption threshold, which is $12.92 million for individuals in 2023. Amounts below this threshold are generally exempt.
  • Several states also have their own estate taxes, often with lower exemption limits. Examples include Oregon, Maryland, and Massachusetts.
  • The tax is calculated on the fair market value of the property at the time of death.

Example: If an individual dies with an estate valued at $15 million, the federal estate tax would apply on $2.08 million (the amount over $12.92 million), potentially reducing the funds available to heirs.

What Is Inheritance Tax?

Inheritance tax is levied on the beneficiaries who receive assets from an estate. Rather than taxing the entire estate, this tax applies to the amount each heir inherits, and the responsibility to pay falls on the recipient, not the estate itself.

  • Inheritance tax exists only in certain states such as Pennsylvania, Iowa, and Kentucky; most states do not impose it.
  • The tax rates and exemptions depend heavily on the heir’s relationship to the deceased. Close relatives like spouses and children often pay reduced rates or no tax, while distant relatives or unrelated heirs may face higher rates.

Example: If a niece inherits $100,000 in a state with inheritance tax, she might owe tax on that amount, whereas a child might be exempt.

Historical Context

The origins of estate and inheritance taxes date back centuries, designed historically to prevent excessive wealth concentration across generations. The U.S. federal estate tax was introduced in 1916, whereas inheritance taxes remain primarily state-level taxes.

How These Taxes Work Side-by-Side

Feature Estate Tax Inheritance Tax
Who Pays? The estate before assets are distributed Individual heirs who inherit assets
Tax Base Total estate value Inheritance value received by each heir
Applies Federally? Yes, above exemption threshold No
Applies at State Level? Yes, in some states Yes, in some states
Affect of Relationship None Tax rates vary by relation to decedent

Who Should Be Concerned?

  • Estates exceeding the federal exemption threshold must consider estate tax planning.
  • Beneficiaries in states with inheritance taxes need to understand their potential tax obligations.
  • Most states, including California and Florida, do not have inheritance tax, but some impose estate tax.

Strategies to Minimize Taxes

  • Using trusts and gifting strategies can help reduce estate taxes.
  • Marital deductions allow spouses to transfer unlimited assets without immediate estate tax.
  • Understanding specific state laws is critical for preparing heirs for possible inheritance tax liabilities.

Common Myths Debunked

  • Estate and inheritance taxes are not the same, as they have different tax bases and payers.
  • Estate tax typically affects only very large estates due to high exemption limits.
  • Only a few states impose inheritance tax.

Frequently Asked Questions

Can both taxes apply to the same inheritance? Yes. An estate might owe estate tax first, and beneficiaries might owe inheritance tax depending on state laws.

Does everyone have to pay estate tax? No, many estates fall below the federal exemption and owe no estate tax.

Are spouses always exempt from inheritance tax? Most states exempt spouses, but rules vary.

Why It Matters

Understanding the differences between inheritance and estate taxes is vital for effective financial and estate planning. Proper planning can help you preserve wealth, reduce taxes, and minimize unexpected burdens on your heirs.

For more information, visit IRS.gov’s Estate Tax Overview and Estate Planning Basics.

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