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If I gift $14,000 to my son and die the following year, will that money be added back into my estate for tax purposes?
Anonymous7 views4 answers
In other words, is there a "look back" period for estate tax purposes? If that gift lowers my estate to less than the $675,000 exemption, will it be added back to put me over the limit?
(I am NOT talking about Medicaid.)
Thanks for your help.
Actually the other attorneys did not quite answer this question: 1. for nj inheritance tax purposes it would be added back but children do not pay inheritance tax so it would be moot, although techically if you died that soon after the gift it would come back in. 2. For NJ estate tax purposes, you have to come to a substantially similar result in the calculation as you would for federal estate tax purposes in the year 2001 (that's where the $675K number comes from), however, because the gift is $14,000 it is under the yearly limit so it would not be added back. Even if it were, the real calculation gives you some lee way because of deductions and the NJ estate tax on 14,000 even if you ended up only that much over would be minimal.
Remember, the federal estate tax exemption is now $5M adjusted for inflation, so if your estate is less than $5M, these gifts no longer matter. The $14K number is an exemption from Gift Tax, and at your death, all taxable gifts are added back into your taxable estate to see if your existing estate at death plus all taxable gifts exceed $5M (adjusted for inflation). If your estate plus all gifts is below $5M, then the need to qualify for the Annual Gift Tax Exemption no longer matters. This gives you lots of options that you never had before, and it would be a good idea for you to speak to an experienced Estate Planning Attorney to go over these options.