Estate Tax Credits and Computations analyzes the complicated rules that apply under §§2010 through 2016 of the Internal Revenue Code. Topics covered include the operation of the unified credit against estate tax, unified credit planning, computations of the state death tax credit and deduction, and the credit for prior transfers. In addition, this Portfolio, written by Laura H. Peebles, CPA/PFS, Deloitte Tax LLP, discusses the history of the various estate tax credits, the limitation on the use of these credits, as well as the interaction of the credit and deduction for state death taxes with state tax systems and other interrelated calculations. Also, this Portfolio analyzes the effects of choosing to deduct expenses on the estate return or the estate's income tax return under the 1999 “Hubert” regulations.

This Portfolio reviews in detail the credit for foreign death taxes, the limitations on the credit, and how the foreign death tax credit is affected by estate tax treaties.  Miscellaneous provisions affected by estate tax credits, such as the credit for death taxes on remainders and recovery of taxes claimed as a credit, are also discussed.

Estate Tax Credits and Computations allows you to benefit from:

• Hundreds of hours of original research on specific tax planning topics from leading practitioners in this area
• Invaluable practice documents including tables, charts and lists
• Plain-English guidance from world-class experts
• Real-world and in-depth analysis that lets you explore various options
• Time-saving access to relevant sections of tax laws, regulations, court cases, IRS documents and more
• Alternative approaches to both common and unique tax scenarios

This Portfolio is part of the Estates, Gifts and Trusts Portfolios Library, a comprehensive series containing more than 80 Portfolios, which covers critical transactions in estate, gifts and trusts planning. This highly-regarded resource library offers commentary on a wide range of estate planning topics including: Generation Skipping Tax, Family Limited Partnerships, Charitable Remainder Trusts, Estate Planning for Closely-Held Businesses, Exempt Organizations and Private Foundations, Life Insurance, Valuation, and more.

Detailed Analysis

I. Introduction

II. Unified Credit Against Estate Tax - § 2010

A. History

B. Operation of Credit

1. Calculation of Gift Tax

a. Gift Tax Unified Credit

b. Net Gifts

c. Gift Splitting

d. Finality of Gift and Estate Tax Values

2. Calculation of Estate Tax

a. Calculation of Unified Credit

(1) Limitation on Credit

(2) Taxable Estates over $10 Million

b. Marital Deduction Calculations

(1) Unlimited Marital Deduction

(2) Administration Expenses That Adjust the Marital Deduction

(a) For Estates of Decedents Who Die on or After December 3, 1999

(b) For Estates of Decedents Who Died Before December 3, 1999

(3) Credit Shelter Bequest/Bypass Trust Plan

(a) In General

(b) Credit Shelter Trust

(c) State Death Tax Credit (Estates Before 2005 or After 2010)

(d) Planning for Federal and State Unified Credit Differences

(4) Disclaimers by Surviving Spouse

c. Tax Allocation Clauses

(1) Background

(2) Common Problems

(a) Multiple Tax Allocation Clauses

(b) Tax Paid from a Portion of the Estate That Would Otherwise Qualify for the Marital or Charitable Deduction

(c) All Tax Allocated to Other than a Particular Specific Bequest

(d) A Tax Allocation Clause Requiring the Payment of Transfer Tax from the Probate Estate

(e) Right-of-Recovery Statutes

(i) Sections 2206 and 2207

(ii) Section 2207A

(iii) Section 2207B

(f) Generation-Skipping Transfer Tax Default Allocation Provision

III. Credit for State Death Taxes - § 2011

A. History

B. Computation of the § 2011 Credit (Pre-2005 Estates)

1. Taxes Eligible for the § 2011 Credit

2. Amount of the § 2011 Credit

a. "Actually Paid" Requirement

b. Time Limitation on Claiming the § 2011 Credit

c. Calculating the § 2011 Credit

3. Special Limitation Involving the § 2053(d) Deduction

C. Interaction with State Death Tax System

1. In General

2. Planning Technique

D. Relationship to § § 2015 and 2016

IV. Credit for Gift Taxes Before 1977 - § 2012

A. In General

1. Section 2012 Credit Applies Only to Pre-1977 Gifts

2. Gifts Subject to the § 2012 Credit

B. Computation of the § 2012 Credit

1. General Rule

a. Tax Paid By Other than Decedent

b. Gift Tax Paid After Donor's Death

2. Limitations on the § 2012 Credit

a. The "First Limitation"

(1) "Amount of the Gift"

(2) Gift Splitting

b. The "Second Limitation"

(1) Value of Gift

(2) Valuation Reductions

(a) Annual Exclusion

(b) Charitable Deduction

(c) Marital Deduction

(3) Value of the Gross Estate

(4) Gift Splitting

C. Other Considerations - Reciprocal Gifts

V. Credit for Prior Transfers - § 2013

A. Introduction

B. History

C. Operation of the Credit

D. "Transfer" of "Property"

1. "Transfer"

2. "Property"

3. Ascertainable Value

a. Life Estate

b. Discretionary Trusts

c. Powers of Appointment

E. Computation of the § 2013 Credit

1. General Rules

2. The Percentage Reduction

a. In General

b. Transfer to Decedent Who Dies Before Transferor

3. Value of the "Transferred Property"

a. In General

b. Susceptible of Valuation

c. Determining Life Expectancy

(1) Pre-§ 7520 Law (Rev. Ruls. 66-307 and 80-80)

(2) Section 7520

d. Remainder Interests

e. Powers of Appointment

4. Section 2032A

5. Reduction in the Value of the "Taxable Estate" and the Transferred Property

a. Death Taxes Borne by the Decedent

b. Administration Expenses in Accordance with the Principles of the Hubert Regulations

c. Encumbered Property or Obligations Assumed by the Decedent

d. Property That Qualified for the Marital Deduction in the Transferor's Estate

6. Limitations on the Credit

a. In General

b. The "First Limitation"

(1) Multiple Transferors

(2) Generation-Skipping Transfers

c. The "Second Limitation"

(1) Death Taxes Chargeable to Charitable or Marital Bequests

(2) Multiple Transferors

(3) Example of Second Limitation

F. Successive Transferors

G. Relationship to § 6166

H. Nonresident Decedents

VI. Credit for Foreign Death Taxes - § 2014

A. Background

B. Taxes Eligible for Credit

C. Situs of Property

D. Limitations on Credit

1. First Limitation - Foreign Taxes Attributable to Property

2. Second Limitation - Federal Estate Tax Attributable to Foreign Property

E. Special Limitations Period

F. Recovery of Taxes Claimed as Credit

G. Proof of Credit

H. Estate Tax Treaties

1. Double Taxation

2. Application of Credit Under Tax Treaty

VII. Miscellaneous Provisions

A. Credit for Death Taxes on Remainders - § 2015

1. Computation of the Credit

2. Election to Postpone Payment Under § 6163

3. Claiming the Credit

4. Examples

B. Recovery of Taxes Claimed as Credit - § 2016

Working Papers

Table of Worksheets

Worksheet 1 Computations Applying the Hubert Regulations

Worksheet 2 Estate Tax Computations, Illustrations

Worksheet 3 Computation of the § 2012 Credit - Illustration and Form 4808

Worksheet 4 Computation of the § 2013 Credit - Illustrations and Schedule Q

Worksheet 5 Form 843 (Protective Claim for Refund)

Bibliography

OFFICIAL

Statutes:

Regulations:

Committee Reports/Public Laws:

Treasury Procedures and Rulings:

Cases:

UNOFFICIAL

Tax Management Portfolios:

Periodicals:

Unified Credit Against Estate Tax - § 2010

1978

1991

1994

1996

2000

2006

2007

Credit for State Death Taxes - § 2011

1971

1977

1980

1991

1992

1994

2003

2004

2007

Credit for Prior Transfers - § 2013

1953

1956

1957

1963

1964

1976

1977

1978

1979

1980

1982

1985

1991

1995

1996

1999

2001

2007

Credit for Foreign Death Taxes

2005