Q: How did the 1997 Taxpayer Relief Act change estate taxation? Who benefits from these changes?

A: The most important change in the taxation of estates is in the effective exemption amount. Until 1997, each taxpayer was allowed a lifetime credit against estate and gift taxes of $192,800. At the current rate schedule, this was equivalent to a $600,000 exemption from estate and gift taxes: this meant that taxpayers who gave no taxable gifts during the course of their lives would pay no tax on the first $600,000 of taxable estate. The 1997 Act raised the amount of the unified credit gradually over nine years. The following table shows how the credit amount will change between 1998 and 2006, when the effective exemption will reach its final amount of $1,000,000.
Tax
Year
Credit
Amount
Exemption
Amount
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
192,800
202,050
211,300
220,550
220,550
229,800
229,800
287,300
326,300
345,800
600,000
625,000
650,000
675,000
675,000
700,000
700,000
850,000
950,000
1,000,000

A second important change in the estate tax law has to do with the annual gift tax exclusion. Until 1997, each individual could give a total of $10,000 ($20,000 for married joint filers) per recipient in gifts without incurring any tax. But since this amount was not indexed for inflation, the real value of the $10,000 exclusion had been falling since 1976, when the $10,000 amount was set. The Taxpayer Relief Act indexes the $10,000 exclusion to the rate of inflation. This means that the real value of the gift exclusion in future years will remain exactly $10,000.

Last Updated 11/5/1998


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