Tag Archives: federal tax

Federal Estate Tax Portability Act

Federal Estate Tax Portability
Federal estate tax portability means that a surviving spouse can inherit the estate and gift tax exemption of a surviving spouse.  Simply put, a couple can pass up to $10.86 million ($5.43 million for each spouse) in 2015 without the need for a trust.
To elect portability, a federal estate tax return, Form 706, must be timely filed at the death of the first spouse.
Example:Assume that Barney and Betty have joint assets of $10 million.  Barney dies first and all the assets pass to Betty under the unlimited marital deduction.  Barney uses none of his $5.43 million exemption.
Without Portability:  Barney’s exemption goes unused and is wasted.  Upon Wilma’s death, the amount of the $10 million estate that exceeds her $5.43 exemption will be subject to federal estate tax of approximately $1.6 million ($10.00M less exemption of $5.43M=$4.57M x 35% federal estate tax rate).
With Portability:  A form 706 is properly filed to transfer Barney’s exemption to Wilma.  Upon Wilma’s death, the $10 million estate is less than her $10.86 million exemption and the estate is passed to her heirs free of any federal estate taxes, saving $1.6 million.

  • Your website was easy to navigate and informative.” “This was my first use of your resources but I’m sure it won’t be my last. Thank you for your excellent course material and succinctly stated instructions which expedited order and payment of course selection, completion of exam, and immediate availability of Certificate of Completion. A great experience. Thanks.

    - Draper

  • “It is rare that i can actually say that I enjoyed a CPE course but I found this one informative and very interesting, relying more on the author’s examples and not just quoting tax code!  [Healthcare Reform: The affordable Care Act Tax Provisions]

    - Thomas

  • “Thank you for a high quality CPE resource. As a CPA in a small nonprofit, I find your library quite helpful to meet my needs. I appreciate the service.”- 

    - Cheryl