Die Now
If you’re single, not in great health, and are worth a lot but not a really huge lot, you could do your heirs a favor and die today or tomorrow. Sure, you may want to hang around to ring in the New Year but that could cost the beneficiaries of your will a chunk of change.
Wait a minute, you say, wouldn’t it be better to wait a few days and die in 2010 when, because the Senate didn’t act, the estate tax will disappear for a year and all inheritances will pass free of federal taxes? That’s true, as I discussed a couple of weeks back, but only if you’re really wealthy—worth more than $3.5 million ($7 million if you are married). If your estate totals between $1.3 million and $3.5 million, it’s cheaper—from a tax perspective—to die this year.
The little wrinkle causing that oddity is the 2010 limitation on “step-up in basis.” If you die before Jan. 1, anything you leave to your heirs gets a new basis for tax purposes, equal to the value of the asset when you die (or six months later if your executor chooses). If you’ve got assets with a lot of unrealized capital gains—think that IBM stock you bought back in the 1960s or that little cape you’ve lived in the past forty years—step-up could save your heirs a lot of capital gains tax when they sell.
Under 2010 rules, your estate may increase basis for “only” $1.3 million of assets ($3 million if it goes to your spouse). The excess is stuck with your basis, called “carry-over.” That poses two problems: figuring out what the basis is and paying higher taxes.
Calculating basis is the first challenge. It isn’t a problem for stocks, bonds, and mutual funds acquired recently; your broker knows your basis for those. But what’s the basis for your house, which you bought in 1970 for $30,000 and on which you’ve made a variety of capital improvements over the decades? Or the family business? And that IBM stock you bought 40 years ago—it split how many times and you reinvested which dividends? A major reason step-up was created in the first place was to avoid those pesky valuation issues.
Let’s say your heirs manage to figure out your basis. Now, they get to pay the tax. Suppose your estate consists entirely of IBM stock—26,500 shares worth not quite $3.5 million. If you die today, your heirs would pay no estate tax on those shares and, thanks to stepped-up basis, they’d pay no capital gains tax either if they sold right away. (Of course, they would owe tax on any profits earned after they inherit the stock.) As a result, they get the full (nearly) $3.5 million.
If you hold on until Friday, there’s still no estate tax but your heirs enjoy stepped-up basis for only $1.3 million. That covers a bit more than 9,500 shares. But they’re stuck with your basis for the rest—about $2 a share for nearly 17,000 shares if you bought the stock in 1962 and reinvested all dividends since then. (Getting that $2 value wasn’t easy; I used simplifying assumptions and rounded off.) If the estate sells it all at today’s price, the federal tax on about $2.16 million of gains would total more than $300,000 and the states would get perhaps another $100,000. Is it really worth $400,000 (to your heirs) for you to live an extra day or two?
Of course, Congress might act retroactively in 2010 to re-establish the estate tax and reverse the carry-over basis rules so your heirs would never pay tax on your gains. But why take that chance? Die now and make your heirs happy. On the other hand, if you’re still having a good time, you might want to watch your back.
Thanks for a marvelous posting! I actually enjoyed reading it, you may be a great author.I will always bookmark your blog and will come back in the foreseeable future. I want to encourage you to ultimately continue your great work, have a nice holiday weekend!
Aw, this was a very nice post. In idea I wish to put in writing like this moreover – taking time and actual effort to make a very good article… but what can I say… I procrastinate alot and by no means appear to get something done.
Really appreciate this post. It’s hard to sort the good from the bad sometimes, but I think you’ve nailed it!
Lease Extension
Close, but not quite correct. The $1.3 million of additional basis afforded under the 2010 law for basis step up on 2010 estates is the minimum amount of basis step up. In addition, any loses on assets held at time of death are additional amounts of basis. While the example of IBM stock is laudible for having been a wise investor, had the estate had mostly Citigroup stock on December 30, 2009, almost for certain the holding would be in a loss position. Moreover, the loses on assets held at death are afforded a “super basis” in that the loses can be applied as additional basis to any assets in the estate.
Finally, there are no estates in the $2 to $3 million range that consist solely of securities (well, unfortunatley there are,but you can count them on two hands as they are estates of small children with trusts who died prematurely). Estates in that range consist mostly of real estate and life insurance. Life insurance proceeds are full basis and so the additional basis under the 2010 law is not helpful – the same goes for 2009 law unless the life insurance tossed the estate over the $3.5 million threshold in which 2010 is to be preferred to 2009. Real estate is just as underwater now in 2010 as it was at the end of 2009 but in 2010 the estate can use the loss position of the real estate as even more additional basis. So, 2009 really had no advantage over 2010 for this tax.
Sincerely,
P.K. Purvis
Bruce Bartlett described this in Forbes today as well. Of course, people with that kind of money don't read this blog (and probably consider us all a bunch of socialists).
The direction should be to die now and leave bequests to Brookings, Urban and the Gates Challenge Grant to support Tax Reform discussions.