Which States Have Inheritance Tax


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Does Inheritance Affect Social Security

The best states for inheritance tax law plus, estate and gift tax planning information

Social Security Disability, like Social Security, is not a means-tested program. Therefore, your Social Security Disability benefits will not be affected by any change in your assets or your income. Furthermore, receiving an inheritance will not have any effect on your monthly Social Security Disability benefits.

Estate Tax In The United States

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The estate tax in the United States is a federal tax on the transfer of the estate of a person who dies. The tax applies to property that is transferred by will or, if the person has no will, according to state laws of intestacy. Other transfers that are subject to the tax can include those made through a trust and the payment of certain life insurance benefits or financial accounts. The estate tax is part of the federal unified gift and estate tax in the United States. The other part of the system, the gift tax, applies to transfers of property during a person’s life.

In addition to this federal estate tax, many states have enacted similar taxes. These taxes may be termed “inheritance taxes” to the extent the tax is payable by a person who inherits money or property of a person who has died, as opposed to an estate tax, which is a levy on the estate of a person who has died.

The estate tax is often the subject of political debate, and opponents call it the “death tax”. Some supporters of the tax have called it the “Paris Hilton tax”.

States With An Estate Tax And Their Rates

  • Oregon: 10% to 16%, $1 million exemption
  • Massachusetts: 0.8% to 16%, $1 million exemption
  • Rhode Island: 0.8% to 16%, $1.6 million exemption
  • Illinois: 0.8% to 16%, $4 million exemption
  • New York: 3.06% to 16%, $6.1 million exemption
  • Washington D.C.: 11.2% to 16%, $4.25 million exemption
  • Connecticut: 11.6% to 12%, $9.1 million exemption
  • Maine: 8% to 12%, $6.01 million exemption

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Guide To Kentucky Inheritance Tax

In Kentucky, you need to file an inheritance tax return when you receive an inheritance. There are separate forms for beneficiaries who do or do not have to pay inheritance taxes. Kentucky inheritance taxes should be filed within 18 months of the decedents death. You can receive a 5% discount on your taxes if you file within nine months.

You generally need to pay your bill all at once, but you can qualify to pay in 10 equal, annual installments if your inheritance tax liability is over $5,000. Kentucky does not provide filing extensions.

Puerto Rico And Other Us Possessions

State Estate and Inheritance Taxes in 2014

A decedent who is a U.S. citizen born in Puerto Rico and resident at the time of death in a U.S. possession is generally treated, for federal tax purposes, as though he or she were a nonresident who is not a citizen of the United States, so the $5 million exemption does not apply to such a person’s estate. For U.S. estate tax purposes, a U.S. resident is someone who had a domicile in the United States at the time of death. A person acquires a domicile by living in a place for even a brief period of time, as long as the person had no intention of moving from that place.

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States With Inheritance Tax

The good news is that as of 2020, very few states impose inheritance tax. For those states, direct descendants of the deceased, such as their children and grandchildren, are usually exempt however, those who are not related by blood or marriage will likely have to pay tax on their inheritance.

States imposing inheritance tax include Iowa, Kentucky, Nebraska, New Jersey, and Pennsylvania. Maryland is the only state with both inheritance and estate taxes. Some states exempt a certain portion of inheritance value before taxes kick in. As of 2020, the highest rates applied to the fair market value of the inheritance for these states are:

Pennsylvania 15%

Not every state exempts lineal descendants from inheritance tax. In Nebraska and Pennsylvania, children and grandchildren must pay inheritance taxes, although at lower rates ranging from 1% to 4.5%.

Some states do not impose inheritance taxes on smaller estates. For example, Iowa only imposes inheritance tax on estates valued at more than $25,000.

Other types of exemptions are common. In Pennsylvania, certain types of agricultural land are not subject to inheritance tax if the property is transferred to those eligible for the exemption. Laws such as these keep working farms in the same family without the fear of selling them to pay the tax.

Comparison With Estate Tax

The key difference between estate and inheritance taxes lies in who is responsible for paying it.

  • An estate tax is levied on the total value of a deceased person’s money and property, less an exclusion amount, and is typically paid out of the decedents assets before distribution to beneficiaries.
  • An inheritance tax is levied on the person that receives assets from an estate and is typically based on the amount that is received.

However, before an inheritance tax is due, the value of the assets have to exceed certain thresholds that change each year, but generally its at least $1 million. Because of this threshold, only about 2% of taxpayers will ever encounter this tax.

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Will I Have To Pay A Tax On My Inheritance

On Behalf of IvyLaw Law Office, LLC | Jan 10, 2023 | Estate Administration, Probate

An inheritance can be a financial boon during a time of grief, but sometimes it can come at a price. In Maryland, the price is a tax levied against your inheritance. This is referred to as an inheritance tax.

You may have heard of the federal estate tax, but not state inheritance taxes. What is the difference between inheritance taxes and estate taxes, and when will you owe an inheritance tax?

What Is The Estate Tax Deduction

Effort underway to repeal Iowa’s inheritance tax

The estate tax deduction is the IRS way of preventing double taxation. Sometimes, the estate of a deceased will still generate income. This could be for a property sale that hasnt gone through by the time the owner dies. That kind of income is known as Income in Respect of Decedent .

A large estate might face double taxation at the federal level the regular estate tax followed by the income tax on the IRD. The estate tax deduction lets you deduct the portion of the estate tax paid for the IRD from the income tax on that IRD. This ensures that the same assets arent taxed twice.

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Appendix: States With Estate Or Inheritance Taxes

Seventeen states plus the District of Columbia collect a total of around $5 billion per year through estate or inheritance taxes. Of these:

  • Twelve states levy estate taxes. Six of them Illinois, Maryland, Massachusetts, Minnesota, New York, and Rhode Island plus the District of Columbia levy an estate tax that is the same as or very similar to their earlier pick-up tax, which was tied to the federal estate tax. The other six Connecticut, Hawaii, Maine, Oregon, Vermont, and Washington replaced their pick-up tax with an estate tax not tied to the federal tax.
  • Five states Iowa, Kentucky, Nebraska, New Jersey, and Pennsylvania levy a state inheritance tax that was never tied to the federal tax.

State thresholds for owing the estate tax differ from the federal threshold. The 2017 federal tax law raised the estate tax exemption to $11.2 million for individuals and $22.4 million for married couples and indexed it for inflation going forward, severely limiting the federal tax to only the very wealthiest. States did not follow suit. Currently, all states with an estate tax set the estate tax threshold at a lower level than the federal exemption, although Connecticut will raise its exemption to the federal level by 2023. Rhode Island, New York, Washington, and the District of Columbia adjust their exemptions for inflation. Hawai’i has not adjusted its exemption for inflation since 2018 although state law appears to require an adjustment.


How Inheritance Tax Works

Once the executor of the estate has divided up the assets and distributed them to the beneficiaries, the inheritance tax comes into play. The amount of tax is calculated separately for each individual beneficiary, and the beneficiary has to pay the tax.

  • For example, a state may charge a 5% tax on all inheritances larger than $2 million.
  • Therefore, if your friend leaves you $5 million in their will, you only pay tax on $3 million, which is $150,000.
  • The state would require you to report this information on an inheritance tax form.

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Who Should Consider Estate Planning

It is imperative for many people with certain assets and in certain lines of work to consider estate planning. If you fall into one of the following groups, you may want to get a head start:

  • Life insurance policies over $1 million
  • Stand to inherit large sums of money
  • Own a business or are an entrepreneur
  • Retirement plan assets over $1 million
  • Significant real estate holdings
  • Large stock, bond, or mutual fund holdings
  • Professional occupation and high-earner

What Is The Federal Estate Tax

Estate Planning: Not Just for the Wealthy

The estate tax is levied by the government on estates when you die and pass on your assets to heirs. If your estate has a high enough value after you pass away, then youll have to pay estate taxes on anything youre looking to bequeath. This could include cash, real estate, retirement accounts or a range of other assets.

For 2022, the threshold for federal estate taxes $12.06 million for individuals and $24.12 million for married couples. For 2023, this limit jumps to $12.92 million for individuals and $25.84 million for married couples.

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Taxes On An Inheritance

Inheritance taxes are paid by the living beneficiary who receives an inheritance. Confusingly enough, both federal and state governments can apply estate taxes, which are levied against the assets that are bequeathed.

When organized properly, these wealth transfers may be a financial boon that helps pay for college, launch businesses, and keep valuable properties within a family. However, to ensure that beneficiaries are properly prepared for the debt and tax burdens that might come with an inheritance, it’s best to hold a family meeting with an estate planner and legal advisor who can explain the implications for each state where an asset is held.

As unpleasant as this might sound, you should do it while everyone is in good health and high spiritsno one wants to disentangle tax liabilities while in mourning. These kinds of sensitive and costly financial issues are ones worth researching well before there’s an immediate need to know.

New Jersey Inheritance Tax Rates

Any inheritors who are the deceased persons brother, sister, son-in-law, daughter-in-law, or the civil union partner of their child will need to pay tax on an inheritance worth more than $25,000. Then there are four marginal tax brackets with rates ranging from 11% to 16%. The top tax rate applies to an inheritance worth more than $1.7 million.

All other beneficiaries will pay 15% on the first $700,000 they receive and 16% on the value over $700,000.

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Inheritance Tax At The Federal Level

There is no federal inheritance tax because most inheritance is not considered income for tax purposes at the national level. In fact, you generally do not even have to report the inheritance to the IRS in most cases.

However, if the asset you receive produces income, you may need to report that income to the IRS. Some common examples of income-producing assets from an inheritance might include rental property or investments that produce interest or dividends. The income you receive from the inherited property is treated just like any other property that you would have purchased outright.

Which Us States Have An Inheritance Tax

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Iowa, Kentucky, Nebraska, New Jersey, and Pennsylvania have only an inheritance tax that is, a tax on what you receive as the beneficiary of an estate. Kentucky, for example, taxes inheritances at up to 16 percent. Spouses and certain other heirs are typically excluded by states from paying inheritance taxes.

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Inheritance Tax Vs Estate Tax

The main difference between these two kinds of taxes is that inheritance tax is to be shouldered by the beneficiary while estate tax will be taken from the deceased’s assets before distribution is made to beneficiaries.

Another difference is that estate tax is levied by both the federal government and state while inheritance tax is only levied by the state.

Which States Impose An Inheritance Or Estate Tax

If you’ve inherited money or property after a loved one dies, some states impose an inheritance tax. This is a state tax in which the beneficiary , must pay. Unlike the federal estate tax , inheritance taxes are the responsibility of the beneficiary of the property. This tax is calculated separately for each beneficiary, and as such, each beneficiary is responsible for paying his or her own inheritance taxes. States may also impose an inheritance tax.

According to the AARP, there are 17 states with inheritance or estate taxes.

States with an estate tax include:

For estate planning purposes, it’s important to note which states are subject to inheritance and estate taxes.

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Top Strategies To Mitigate The New Hampshire Estate Tax

You may not think you have an estate tax problem. But situations can and do change often. As such, everyone should do some sort of estate planning. Your CPA and estate attorney can review the following concepts with you:

  • Revocable Grantor Trusts
  • Special Valuation of Farms and Businesses
  • Gifts Below Annual Exemption
  • Qualified Terminable Interest Property

Guide To Nebraska Inheritance Tax


Nebraskas inheritance tax applies to assets transferred from a beneficiary through a will or through intestacy laws. Beneficiaries must pay the tax if the decedent lived or owned property in Nebraska. An inheritance tax return is due within one year of the persons death, and the state doesnt offer filing extensions.

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What Is A Will

A last will and testament, or will, is a legal document that designates how to manage your assets upon your death. When establishing a will, the creator, known as the testator, must be an adult of sound mind. The testator elects an executor or executrix to handle estate affairs upon the testators death. Distribution of an estate can include guardianship of minor children or pets, dole property and assets out to beneficiaries, implement funeral arrangements and more.

Any asset that is held in a single name can be directed by your will. Assets owned jointly, such as joint tenancy with rights of survivorship, or JTWROS, accounts will transfer immediately to the surviving co-owner upon your death.

Each state has its own rules for wills however, most require that a written will is signed or executed by the testator along with two witnesses before it becomes legally binding and effective.

How Inheritance Taxes Are Calculated

An inheritance tax, if due, is applied only to the portion of an inheritance that exceeds an exemption amount. Above those thresholds, tax is usually assessed on a sliding basis. Rates typically begin in the single digits and rise to between 15% and 18%. Both the exemption you receive and the rate you’re charged may vary with your relationship to the deceasedmore so than with the value of assets you are inheriting.

As a rule, the closer your familial relationship to the deceased, the higher the exemption and the lower the rate you’ll pay. Surviving spouses are exempt from inheritance tax in all six states. Domestic partners, too, are exempt in New Jersey. Descendants are only subject to an inheritance tax in Nebraska and Pennsylvania.

Life insurance payable to a named beneficiary is not typically subject to an inheritance tax. It may be subject to an estate tax if the estate or a revocable trust was the beneficiary of the policy.

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What Is The Federal Inheritance Tax Rate

There is no federal inheritance taxthat is, a tax on the sum of assets an individual receives from a deceased person. However, a federal estate tax applies to estates larger than $12.06 million for 2022 . The tax is assessed only on the portion of an estate that exceeds those amounts. The rate is on a sliding scale, from 18% to 40%.

Estate Tax Vs Inheritance Tax


The main difference between inheritance and estate taxes is the person who pays the tax. Unlike an inheritance tax, estate taxes are charged against the estate regardless of who inherits the deceased’s assets. The executor is responsible for filing a single estate tax return and pays the tax out of the estate’s funds. An estate tax is calculated on the total value of a deceased’s assets, and is to be paid before any distribution is made to the beneficiaries.

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Estate Tax And Charity

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One of the most important issues in assessing reform options is the impact on charitable giving. The estate tax encourages charitable giving at death by allowing a deduction for charitable bequests. It also encourages giving during life, as explained below. But the tax reduces charitable gifts by reducing the amount of wealth decedents can allocate to various uses. The net impact of these effects is ambiguous in theory. It is found that estate tax repeal reduces charitable bequests by between 22 and 37 percent, or between $3.6 billion and $6 billion per year. To put this in perspective, a reduction in annual charitable donations in life and at death of $10 billion due to estate tax repeal implies that, each year, the nonprofit sector would lose resources equivalent to the total grants currently made by the largest 110 foundations in the United States. The qualitative conclusion that repeal would significantly reduce giving holds even if repeal raises aggregate pre-tax wealth and income by plausible amounts.

Estate tax repeal would have significant deleterious effects on charitable bequests and charitable giving during life. Although estate tax reform will raise many issues, the impact on the nonprofit sector should be a central part of the debate.

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