The tax is collected from the estates of residents and from the estates of nonresidents who own valuable Massachusetts real estate in or keep other tangible assets (a boat, for example) in the state. The Three Easiest Ways to Avoid The Massachusetts Estate Tax. At least one type of trust is set up to avoid and alleviate these taxes. What is the Difference Between a Trust and a Will? The taxes on selling a rental house can add up fast. As of 2020, you can give away up to $15,000 without reducing the estate exemption. Few people have an estate the size of Prince, who left behind an estimated $300 million when he died in April of 2016. This approach only works for couples who do not wish to have separate trusts or are willing to convert their separate trusts into a joint one. An amended return was then filed that excluded the apartment’s value from the decedent’s Massachusetts estate and requested a refund of $176,880. The threshold for Massachusetts estate taxation is $1 million. Another, more complex estate tax avoidance strategy developed in Massachusetts is the Q-TIP Trust. Those who own an estate worth less than that amount will not owe taxes on it, but in the case of a couple who owns assets including real estate in Massachusetts that are valued above $1 million, the surviving spouse will be subject to MA estate taxes upon his or her death. There are two principal ways to reduce or avoid Massachusetts estate tax (other than simply spending down your children's inheritance): gifts and spousal credit shelter trusts. Call us at (508) 775-7800. Unlike the federal estate tax (in which the tax applies to amounts in excess of the exemption amount), once the filing threshold has been met in Massachusetts, the full value of the estate (less $60,000) is subject to Massachusetts estate tax at rates between 0.8 percent and 16 percent. Subtract deductions. Inheritance taxes are levied against each individual bequest made from an estate to a beneficiary. Massachusetts Estate Tax Exemption. He recognized that having to do the work for my husband’s estate was very stressful. What Should You Do With Your Estate If You Have No Spouse or Children. MARITAL TRANSFERS. There are still ways you can enjoy your property and spare your beneficiaries from paying estate taxes when you are an out-of-state resident. Not surprisingly, Massachusetts continues to be one of the most expensive states in which to die. LIVE WEBINAR: Have Changes In The Law Sabotaged Your Estate Plan? My experience with Boyd & Boyd has been extremely positive with an efficient and thorough response to detail and my questions. As a result, many of our clients are turning their thoughts to how to avoid or reduce their state level estate tax. He assured me that his job was to minimize my stress and he did.Ti (...), Outstanding, professional, and thorough estate planning service, at a price much lower than expected. Prior to my father's passing, I went with him to one of Boyd & Boyd's trust seminars which was very informative and educational. The Federal estate tax can be reduced through various legitimate estate planning techniques. The purpose of course is to curb any attempts to avoid estate tax. All rights reserved. Reducing Your Estate Size by Giving Annual Gifts This is a strategy that allows you to reduce the size of your estate over a … Many choose Florida for its warmer climate and absence of income taxes along with a real estate tax reduction for residents and seniors. You are able to reduce your tax liability by subtracting allowable deductions from your gross estate. In each case, owners with their attorneys, accountants, and families must determine whether it make sense to take any of the planning steps available. If the estate is worth less than $1,000,000, you don't need to file a return or pay an estate tax. Currently, the Massachusetts Estate Tax Exemption is $1 million. Should one spouse die, trust funds can still benefit the surviving spouse without causing his/her own estate to exceed the threshold (if structured properly). Some couples choose to have a joint trust in order to shelter their Massachusetts real estate from paying estate taxes. This may result in significant tax savings with proper planning. Making large gifts (over $15,000 per year per person in 2018) will likely not allow you to avoid filing an estate tax return if your estate is worth more than $1 million to begin with, which means that you will end up paying estate tax on the assets that you don’t give away, even if those assets are less than $1 million at the time of your death. Gifts given during a person's lifetime eat away at the $11.58 million estate exemption. At the Law Offices of Boyd & Boyd, we believe we can help you make the right choice for your family. However, with proper planning, out-of-state residents may be able to avoid paying the MA estate tax. According to MA tax law, LLC shares are considered intangible property and are not subject to estate taxes. While there is no Massachusetts gift tax, one must be mindful that any gift of over $13,000 is considered a “lifetime gift” that reduces your Massachusetts estate tax exemption by the same amount. Working with an experienced Massachusetts estate planning attorney is the key to reducing your estate’s tax liability. You can also download our Free Estate Planning Guide. So what can you do to avoid the MA Estate Tax? Simplified Probate Procedures. In order to avoid that, another option some people choose is to transfer their assets into an irrevocable trust. The Commonwealth has decided not to follow the increasing federal estate tax exemptions and has “frozen” its exemption at $1,000,000 with graduated rates from 6% to 16%. If you live, and die, in Massachusetts and own a home, a retirement account and a life insurance policy, there is a good chance that your “estate” is large enough to be subject to estate tax. If you're responsible for the estate of someone who died, you may need to file an estate tax return. By far, our most pleasant and productive experience with the legal profession ever. There are too many types of trusts to cover the… When you add up real estate, retirement accounts, and life insurance death benefits, many … Here are answers to five common questions about the Massachusetts estate tax. Currently, the Massachusetts Estate Tax Exemption is $1 million. So what can you do to avoid the MA Estate Tax? Question: If you are a Massachusetts resident and have $3 million, give away $2.5 million and die four years later, so that your taxable estate is $500,000, do you avoid the Massachusetts estate tax? Most importantly, it helps avoid the Massachusetts Estate Tax. All Rights Reserved | ToS | Privacy Policy | Sitemap | Marketing By: Social Firestarter, LLC, At Boyd & Boyd, P.C. The tax is collected from the estates of residents and from the estates of nonresidents who own valuable Massachusetts real estate in or keep other tangible assets (a boat, for example) in the state. Response: No, but you would reduce it. Gifts can also be made in a manner that lets the donor retain the right to use the gifted asset or income therefrom until death. That is an incorrect assumption in most cases. So it should be no wonder that families find it difficult to form an estate plan that incorporates a Massachusetts estate tax strategy. If the estate is worth less than $1,000,000, you don't need to file a return or pay an estate tax. One way to get around the estate tax is to hand off portions of your wealth to your family members through gifts. The transfer tax was repealed for 2010, but is reinstated at $1 million starting in 2011. 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