Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27,...

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Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012

Transcript of Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27,...

Page 1: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Understanding Potential Pitfalls in the Estate Tax for

Forest Landowners

Tamara CushingJune 27, 2012

Page 2: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

What exactly is my estate?

Cash and bank

accounts

Stocks and bonds

House & belongings

Insurance policies?

Business assets

Land & trees

Page 3: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

The Estate TaxO Involves assets owned at time of

death

O $5,120,000 exemption

O 35% over that

Page 4: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

UncertaintyO December 31, 2012

O January 1, 2013

O Planning???

Page 5: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Valuing your assetsO Value = quantity x priceO Inventory & current market pricesO Assets valued at fair market value on

date of death (in general)O Fair market value – price which

property would change hands between willing buyer and willing seller neither under any compulsion to buy or sell and both having reasonable knowledge of all relevant facts

Page 6: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Special-Use Valuation

O Allows land to be valued at its current use rather than highest and best use

O Up to $1,040,000 reduction in value

Page 7: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Special-Use ValuationO Must transfer to qualified heirO Used as farm for 5 of past 8 yearsO Must have participated in farm

activityO Value of property must be at least

25% of total estateO Combined value of real & other

business property at least 50% of gross estate

Page 8: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Recapture of tax benefits

O Special use rules apply to heir for 10 years

O Triggered when:O Property sold to unqualified heirO Property no longer in qualified useO Lack of participation by heir

Recapture consists of tax benefit plus penalty

Page 9: Understanding Potential Pitfalls in the Estate Tax for Forest Landowners Tamara Cushing June 27, 2012.

Dr. Tamara L. [email protected]

www.clemson.edu/extension/forestry

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