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Death & Taxes.....Which Comes First?

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Real Estate Agent with WealthPoint Realty 326760

Hey AR...you know I often wondered what Ben Franklin was really thinking about when he wrote the phrase "the only thing certain is death and taxes"in a letter sent to his friend Jean-Baptiste Leroy in 1789.  We all know that our day is enviable but have you ever really thought about which one really comes first.?  Oh come on.......you know the taxman always cometh first! 

But the truth be told folks look at how much of our lives are regimented based on the simple premise of trying to avoid tax liabilities.  Just how bad is it?  Let's pause to reflect for just a moment.  We spend enormous amounts of time and money looking for investments, shelters, tax loopholes, and yes some folks even plan to have their babies just at the end of the year to get that extra tax credit!  Shameful you say?  Well, just like Sargent Joe Friday from Dragnet, I'm here just to give the facts.  Speaking of facts, 20% of all American wait until the last week to file and 5% to 10% wait until April 15th.  That when in a rush we ambush our accountants and CPA with the phrase coined from Larry the Cable Guy...'"Just Git-R-Done!"

By the way speaking of death and taxes, were you aware of the new law that has slayed the so-called death tax?  Yep, back in June of 2001, President Bush made good on his promise to slash taxes by putting his John Henry to the trillion dollar tax cut package that has become infamously known as the Economic Growth & Tax Relief Reconciliation Act.  Of course, that nifty piece of legislation proved to contain the biggest cuts in over 20 years but some of these changes may or may not even go into effect. 

One of the biggest and most complicated is the repeal of estate taxes set to go into effect in 2010.
Stay with me folks...the estate tax exemption increases from $675,000 in 2001 to $3.5 million in 2009.
Then in 2010 "poof" its gone!  But guess what, it reappears again in 2011 at  a $1 million dollar exemption!  Why?  Get this....In order to meet budgetary restriction a "sunset" provision brings the rule back in force in 2011.  Here is the 411.

Under the current law when you die, your assets receive a "step-up in basis."  This means that real estate, stocks and other inherited assets are valued at their market price on the day of your death, not the price you originally paid for them.

This will of course change after the estate tax is repealed but it could create a paperwork nightmare for folks who inherit a large amount of appreciated assets because you will need to get your hands on records that will document the original purchase price of the assets.  May I suggest that for more information please consult your attorneys, financial planners, Accountants, or CPAs for more information on the tax, probate, trusts, credit-shelters, and other questions related to handling your estate. 
 
But not to worry!  I'm certain that President Obama and Congress will soon revisit this issue prior to the end of the year.  Word out is that the Prez is not in favor of a full repeal but looks to keep the exemption at $3.5 million.  I believe that the gift tax will also stay.  Yeah, I know what you've thinking....All this crap is really taxing your patience.

Show All Comments Sort:
Terry Haugen STAGE it RIGHT! 321-956-2495
Stage it Right! - Melbourne, FL

Hi Greg, interesting post. All this tax stuff is getting mighty confusing.  What I don't want to see is the inheritance tax just disappear.  Its a viable form of income for the government, money it needs to give us the programs from which we benefit.  Will be interesting to see how this all plays out.

Apr 15, 2009 11:26 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Hi Greg,

Thanks for the post.It's amazing to me, you get taxed when you earn the $, again when you save and then again when you die. Might as well spend it!

Apr 15, 2009 11:49 AM
Greg Saunders
WealthPoint Realty - Atlanta, GA

Hi Terry:

Thanks for your comment.  I'm with you.  I guess only time will tell.  But what I do see it that folks are more vocal now than ever. 

Apr 15, 2009 02:10 PM
Greg Saunders
WealthPoint Realty - Atlanta, GA

Hi Dorie...That a great perspective.  Might as well smell the roses before they are placed on top of you.    Thanks for your comment.  Hopefully you have made peace with the taxman this year. 

Apr 15, 2009 02:14 PM
Hugh Krone
Weichert Referral Associates - Hamburg, NJ
Realtor, Sussex County NJ

All death taxes should be illegal, this is money you havealready been taxedon. The only exception should be the tax owed on tax deferred investments and they should be at the last rate you were at when alive.

Apr 16, 2009 12:07 AM
Greg Saunders
WealthPoint Realty - Atlanta, GA

Hugh...I agree!  Unfortunately some folks don't see things like we do and many more don't pay attention or care enough to even make their voices heard. 

Thanks for taking the time to comment. 

Apr 16, 2009 12:15 AM
Goodbye Active Rain
Out of Real Estate

Death comes first.  If you knew the truth about taxes you would know death comes first.

Apr 16, 2009 01:12 AM
Greg Saunders
WealthPoint Realty - Atlanta, GA

Tony, thanks for the comment.  However, please advise on how the ageless angel of the apocalypse avoids the audacious audit before the agents of annual authorized avarice adequately administer their April atrocity. 

Apr 16, 2009 09:25 AM
Goodbye Active Rain
Out of Real Estate

All you have to do is look at the history of The Federal Reserve by reading The Creature From Jekyll Island.  Social Security is going to collapse.  (what a waste of money taken out there)  In the tax code, if you look deep, it says taxes are 'voluntary.'  You only need to pay taxes on income.  Income in the tax code refers to profit.  I don't think trading time for dollars equates to profit.  Second if you owned real estate as an investment, you have many write-offs.  So the more educated you are, death comes first.   You sure do like your 'a' words.  Are you a poet?  Have you seen a lot of tax money go to major infrastructure projects or more to war?  Taxes go to the bankers as profit!  Plain and simple. 

Apr 16, 2009 02:05 PM
Greg Saunders
WealthPoint Realty - Atlanta, GA

Hi Tony...At one time I had aspirations to be a thespian.  However, on occasion I do utilize those same freedoms to express ideas and concepts.  My wife always tells me that I have a unique way of articulating things. 

But in regards to your comment it does have some validity.  I've done some in depth research on the Federal Reserve, the Glass-Owens Bill (which was signed while members were on vacation); the Rothchilds, J.P. Morgan, Kuhn, Loeb, & Co, Mr Bernanke and Sir Allen Greenspan. 

Did you know that the "act" that created the birth of income taxes was only suppose to last 20 years.  Further if you dig deeper you will also find that there is an unusal statement in that bill that says the right to amend, appeal, or alter the bill is strictly reserved.  My question has always been,"Reserved for who?"  Yes, this has been all carefully planned by Bankers. Ditto you there!!!

Apr 16, 2009 02:58 PM