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July 20, 2010
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Estate Planning News

 

 

Economic Benefits Of Estate Tax Repeal Should Be Made Permanent

WASHINGTON, D.C. - The positive effects of repealing the estate tax should be made permanent, Vice Chairman Jim Saxton said today in releasing a new study on this tax with Rep. Jennifer Dunn. The study, The Economics of the Estate Tax: An Update, documents the damage inflicted by the estate tax on capital formation, thrift, continuity of small businesses, and the environment. Under current law, the damaging effects of the estate tax are reduced, and the tax would be repealed in 2010, only to come back to 2001 levels in the next year.

"The estate tax is one of the most literally counterproductive parts of the U.S. tax code," Saxton said. "It forces many small business and farms to dissolve, undermines incentives for work, saving, and investment, and leads to unnecessary development of environmentally sensitive land. It should be repealed once and for all.

"Over the years, the estate tax has reduced the capital stock by at least half a trillion dollars. This reduces the availability of machinery, equipment, and technology needed for economic growth. Although the economic damage wreaked by the estate tax is significant, it raises little, if any, revenue. These costs exceed any potential benefits that the tax might arguably produce, and we should put an end to this onerous and punitive tax once and for all," Saxton concluded.

"The report highlights some grim findings, which, unfortunately do not come as a surprise to all of us who have worked so hard to permanently repeal the Death Tax," said Rep. Jennifer Dunn. "Without the permanent repeal, the Death Tax might very well become the 'kiss of death' for small businesses and farms."

   The new study also found that empirical and theoretical research indicates that the estate tax is ineffective at reducing inequality and may actually increase inequality of consumption. In addition, estate taxes force the development of environmentally sensitive land. Through 2001, 2.6 million acres of forest land were harvested and 1.3 million acres were sold each year to raise funds to pay for estate taxes.

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Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


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Estate Planning Terms

 


Today's Terms

Will

Definition:
A written document that provides instructions for disposing of a person's property upon the person's death. A will generally also names an executor or personal representative to handle the estate.

Family Limited Partnership

Definition:
A legal partnership agreement between members of a family for the management and control of property for the benefit of family members. Sometimes used to minimize transfer taxes.

In-Terrorum Clause

Definition:
A provision of a will or trust that disinherits a person in the event that he/she challenges the terms of the will or trust. Sometime called a No-Contest Clause.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Florida Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Apopka
  • Boca Raton
  • Boynton Beach
  • Brandon
  • Clermont
  • Daytona Beach
  • Deltona
  • Dunedin
  • Fort Lauderdale
  • Gainesville
  • Hallandale
  • Hialeah
  • Hollywood
  • Jacksonville
  • Key West
  • Kissimmee
  • Lake Wales
  • Lake Worth
  • Lutz
  • Melbourne
  • Miami
  • Miami Beach
  • Middleburg
  • North Miami Beach
  • Opa Locka
  • Orange Park
  • Orlando
  • Ormond Beach
  • Oviedo
  • Palm Harbor
  • Panama City
  • Pensacola
  • Pompano Beach
  • Port Richey
  • Riverview
  • Tallahassee
  • Tampa
  • Valrico
  • West Palm Beach
  • Winter Park
  • Winter Springs
 


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