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"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

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DEATH OF THE ESTATE TAX

By
Neal Boortz
@ April 1, 2009 8:16 AM
Permalink | Comments (28) | TrackBacks (0)

When the Obama administration said that there wouldn't be any tax increases this year or next year, they were lying. It was a conscious and willful lie. Obama wants to increase the death tax in 2010. He wants to increase it from 0% to 45%. That, my friends, is a tax increase.

Here's the deal: There's a footnote on page 127 of the President's budget. It's footnote No. 1 and reads: "The estate tax is maintained at its 2009 parameters." And according to the Wall Street Journal, "This means the death tax won't fall to zero next year as scheduled under current law, but estates will be taxed instead at up to 45%, with an exemption level of $3.5 million (or $7 million for a couple)."

This is perhaps the vilest of all taxes. All of the wealth that the government confiscates through the death tax has already been taxed. In simple terms .. you pay taxes on the money when you earn it. You paid taxes on any investment earnings. Then, when you die, the government walks in and takes almost 50% of what you have left.

How does Obama feel about this one more grab on your life's earnings when your life comes to an end? Well, remember that PrezBO tells us that we have a tax code based on "fairness" and "neighborliness." Sounds real neighborly to me.

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What others are saying

  • Additionally
    Also, the class warfare stuff is nonsense. Progressive taxation is as old as capitalism (i.e., much older than Marxist class struggle ideas), a significant part of formative capitalist ideas, and associated with capitalistic success. And again, progressivity makes even more sense with an estate tax than earned income. Someone getting a huge estate can afford to pay a higher estate tax on it without qualitatively diminishing the value as much. The same is not true of someone inheriting only something meagre.

    Also, this has nothing to do with equal protection under the 14th amendment. Beyond the utter ridiculousness of that idea, the $1-$3.5 million exclusion applies to everyone, including the wealthy.

    Winston Churchill, a conservative aristocrat of all people, spoke in favor of the estate tax as a barrier against developing a class of idle rich.
  • Yes, really
    I understand what I am arguing. But no, it's not taking money from the dead. They're dead. It is taking money from their heirs. When you get money, it is taxed, that is how we pay for our government, regardless of how much you think it should be costing us. "getting money" includes earning money by working, or winning something, or just being given wealth (over a certain amount, to be reasonable for minor gifts). And no matter where that money comes from, there have been taxes on it at some point, but that doesn't make it double taxation, because it was someone else paying the taxes. There is absolutely no reason there should be an exemption on taxes on income becomes it comes from an estate. There is good reason for it to be taxed higher (it isn't earned).

    Again. Taxes on income, gifts, and estate are not a tax on wealth, they are a tax incumbent on a person based on wealth gained by that person. That person being an heir shouldn't mean they suddenly don't pay taxes. It's fine that someone is getting unearned income, but they shouldn't getting better treatment than someone earning it.

    And no, it is not denying your last will and testament if it is progressive and not ridiculously high. Under our current federal estate tax system, if you leave an estate under 3.5 million dollars, it is not taxed, and at worst that will go down to 1 million in 2011. Even if you have a $5 million estate, at 2011 rates and exemptions (which will likely be changed), you will pay at most $2 million. There are a huge number of deductions, notably for business interests and other less liquid assets, so realistically you will pay much less. Honestly, if you think giving your heir "only" $3 million in cash out of a $5 million fortune is denying your will and testament, you've got issues, let alone the amount you will actually pay. Your heir is still very rich, and maybe someone somewhere will be able to keep money they are actually earning through hard work without putting us all in more debt. And your heir will not have to liquidate your family business or anything like that.
  • Lent Visor... Really?
    Think about what you're arguing here for a second. You earn money working over your entire life. You pay your taxes on that earned money. Now you leave it to your kids when you pass on. That same money that you paid tax on, gets taxed... again. That's the problem. It's already been taxed once. That is double taxation on the same money. People have a problem with that, because if that money is bequeathed to kids or grandkids for education or gambling, is it right for the government to step in and deny you your last will and testament? It doesn't matter what the receiver plans to do with the money, the question here is should the government have the right to steal from the dead. I would be willing to bet that most people have a problem with the government taking a cut from a "average" person, but have no problem with taking from a "wealthy" person (define those quoted terms as you wish); however, that is simply a result of class warfare rather than real equality. Either the government should or should not do it, because it is inherently unfair to treat people unequally according to their wealth. I believe that would be a violation of the 14th amendment.
  • Death Tax
    My father died last year. As executor, I just had to write the largest check I'll have to write in my life - probably - and it was made out to the US Treasury. This SHOULD NOT BE! And now the socialist clowns want to renege on the 2010 'promise'. My Dad is now spinning in his grave..about the death tax, the O'bama election and the takeover of our country by the socialists. In a way, I'm glad he didn't have to see this. We must begin to fight back. I cannot wait till the mid-term elections. Then we'll know whether or not the AMerican electorate has completely lost its mind or whether the last election was just an abberation. Pray it was a 'one-off' and we can begin to undo the damage already done! And if this insanity - the insanity of 'mob rule' - is to continue, I'd be for a new American Revolution. Democracy depends on an enlightened, cogent and thoughtful electorate. We'll see.
  • Estate Tax
    The estate tax is not a second tax on your wealth. It is a tax on wealth you give to someone else. You don't pay the estate tax on your estate. If you want to be that flexible in calling something a double tax, every kind of tax constitutes not only a double but an infinitely repeating tax on any funds. But that's meaningless.

    It's a more specific gift tax.

    It's also hardly the "vilest" of all taxes. The wealth is unearned. It's fine that someone is receiving it, but they certainly shouldn't get a complete tax break while people working for their money pay taxes. And since it's unearned, it makes sense for it to be higher.

    It's far more ridiculous not to have an estate tax. If person A works to earn money, he has to pay taxes on it. When person B inherits it without working for it, he pays nothing. That whoever person B inherited it from (or whoever they inherited from) payed taxes on it isn't relevant to B's obligation. Note that the company that paid A also payed taxes. Taxes are an obligation of people, not assets.

    Favoring hereditary wealth over earned goes completely against capitalistic free market ideals. It's supportive of an idle aristocracy.

    I can understand exemptions or options for actual productive enterprises (e.g., inheriting a business you actually run).

    Also, trying to ascribe various taxes to Marxism is idiotic. Progressive taxation was first articulated along with capitalism and the free market by Adam Smith. Progressive taxes at least vaguely similar to ours were first implemented more than 300 years ago, long before Marx.

    On the other hand, taxing people earning money while leaving inheritors tax free is in fact a tenet of feudalism. Look at pre-revolutionary France, for example, where the nobility payed no taxes while the people shouldered the burden.
  • Constitutional?
    Has the death tax ever been challenged on a constitutional level? Just curious. I doubt it would hold up to any constitutional standard. And this should be done ASAP before PREZBO fills the high court with hacks.
  • Death Tax
    Isn't the estate tax considered taxation without representation? You're dead!!!!!
  • Speaking of taxes,where's my tax cut, Obama
    I knew it wouldn't happen.Mr Obama said 95% of the people would get a tax cut and it would be seen in their April 1 check.Hmm.I got paid,but it is the exact same amount it has always been.
    Surprise,surprise,surprise!
  • As far as taxes go. . .
    Estate taxes bother you the most? As far as taxes go, I'd prefer an estate tax over an income tax any day. I'd much rather be taxed after I'm dead then while I'm still alive and kicking. I've got no use for the money after death anyway.

    Imagine a world where there were no taxes for living people - no income tax, no Fairtax sales tax, no capital gains tax - just a 100% death tax. The government stays off your back for every day you're breathing on Earth. Wouldn't that be great? (Yeah, I know there would be big difficulties in enforcement, and people would try spending everything they had before they died. It's mostly a thought experiment, not a practical suggestion)
  • You expected anything different?
    The blatent spin and deliberate misinformation in this posting has already been pointed out earlier in the thread -- a hallmark of neocon ideology. I just have to ask how anyone is surprised to see a "lack of a decrease" re-labelled an "increase", and information about a following actual decrease conveniently omitted. Standard playbook folks. This is how you try to turn aristocratic cronyism into populism and sell it to people who do not benefit from it.
  • Trusts
    So does this mean we all need to start setting up living trusts? Have the lawyers - once again - influenced the politicians to create tax laws that punish everyone but the superrich - who can pay lawyers lots of money to circumvent the system? ARGHHH!!!!! FAIR TAX PEOPLE!!!!!
  • Combined with Gov't Healthcare...
    we could be heading toward a conflict of interest. On one hand the gov't healthcare would recommend or prohibit a life saving operation based on "factors" and on the other, the very same gov't benefits from the death of the patient. How long before it is realized that for the "good of the people", person X should be allowed to die...
  • the "Bush tax cuts"
    I have to hand it to the lefties, they only OK a temporary tax cut and then blame Bush for a tax increase when they expire.

    If the president doesn't extend the cut in the death tax, then HE is increasing the tax, because HE is letting it go up.

    And only the left will say that increasing it from 0% to 45% is a tax cut, because it isn't the 55% it could be.
  • That should have been 55%, not 45%, but the point is the same.

    By the way, a temporary cut was all Bush could get through Congress. The Democrats simply would not allow a permanent tax cut.
  • 2001 plan
    The reason there is a sunset provision in the 2001 plan is the requirement for more support to make the law permanent. That support did not exist so the Republicans did the best they could - probably knowing the Dems would not let there be a 0% estate tax year and fix the exemption at the same or higher level.
  • Death Tax
    My concern is not what he is doing in 2010, but what he is doing in 2011. The last I heard, Obama was going insistant that all of the "Bush tax cuts" expire. This means a return to only a $600,000 exemption. That's right, a 45% tax on everything over $600,000. This will make it very difficult to pass on a small business to the owner's heirs. As a result, it will kill an untold number of small businesses and the jobs they create, either because the owners say it is just not worth it, or the business has to be liquidated to pay the taxes.
  • Marxist?
    Isn't a death tax one of the tenets of Marxism? I believe the purpose was to break legacies of rich families and force them into the "working class." For a country that fought a cold war against communism for so long, it still amazes me how people don't recognize its place in our country.
  • Getting It Right!
    Already a couple of people have pointed out that the tax change, while abhorent in principle, is actually more generous to the inheritors than the 2001 plan. (Tom from Decatur).

    The entire tax is ill-done though. Yes, it was taxed upon the original earnings of the principle, but much of that is building in systems that require no tax unless spent or otherwise manipulated and is, in truth, earnings for the new owner of the funds. So, if that is the case, tax as any other income and be done with it.

    These punishing levels of taxation are just plain wrong.

    Of course, anyone smart enough to amass it on their own also knows all the ways to get around it like trusts, transfer of property while alive, etc.
  • Death Tax verses Fair Tax
    Of course if we went to the Fair Tax, we wouldn’t be having this argument. We also wouldn’t hear people complaining that the people who inherited the money didn’t pay taxes, because they would likely buy things with the money that their older benefactor would not have bought and increased the government tax receipts.

    Owen
  • Intersting points from Truth Detecor and Tom from Decatur
    Interesting points, gentlemen. I'm curious to hear Neal's response to this, and I'll be reading up on it. I was not aware that the tax was slated in Bush's bill to go back up to 55%, and if you're right, then Obama definitely filed for a long term tax cut. Kinda makes Bush's law look like a political stunt. If TD and Tom are accurate, Obama's plan would put the death tax at less than it was for the first 6 years of Bush's presidency. Isn't that a good thing at least?
  • Plundering the dead
    After the Pan Am jet was blown up over Lockerbie, Scotland, a few locals were arrested for taking property off the victims. How, exactly, is the death tax any different?
    Don't give me any crap about Paris Hilton. Even if she's twice as smart as she seems, she'll still be bankrupt within three years of getting the check.
  • @joe jo
    totally agree with the security code system... takes me 3 tries each time. lame.
  • I can understand the death tax, but disagree with it..
    I disagree with it in principle, like I disagree with 95% of taxes currently on the books, but I can understand the government's motives. The estate tax is in place to prevent the creation of an inherited wealth aristocracy, who lives on the money of their ancestors - tax free. If I were to suddenly inherit 200 million dollars, tax free, I would likely never pay federal income taxes again, and would only pay apportioned taxes (like on cigarettes, if I smoked). There is a reasonable amount which could or should be taxed in an estate transfer, because that money is technically income for the person which inherits it, but I would think 10-15% (similar to capital gains) is more reasonable than 45-55% as we've seen in the last 10 years. Of course, 0% is preferable, but in the end, it won't affect me (I will not be a recipient of an estate totalling in excess of 3.5M) so I have no personal interest in seeing the tax repealed.
  • Boortz Distorts Once Again
    Why am I not surprised that Boortz leaves out the key detail here.

    Under the Bush/Republican tax cuts of 2001, the estate tax only phase out for one year (2010), then came back in 2011 at a 55% rate on all estate's over $1 million.

    The Obama proposal would freeze the current rate of 45% of estates worth over $3.5 million ($7 million for a couple.)

    So, only Boortz could call the Obama proposal a tax increase.
  • Proposed Estate Tax Cut in 2011 of over 18% plus 250 % increase in Exemption
    Neal: You cherry picked your information on the estate (death) tax increase. Yes, under the 2001 enacted tax cut, there was one year of no estate tax (2010). But, in 2011, under that existing 2001 law, the estate tax come back at a 55% rate with an exemption of $1,000,000. You forgot in your post to explain that the tax plan you cite proposes an 18% DECREASE in the tax rate in 2011 (from a 55% rate if no action is taken to a 45% rate as proposed by Baucus, Rockefeller and Schumer) and a 250% INCREASE in the exemption (from $1,000,000 if nothing is done to $3,500,000 under the Baucus proposal). And, the exemption is indexed for inflation (which was NOT done in the 2001 law). So, the long term effect certainly appears to be a LONG RUN DECREASE in the estate tax. You managed to point out the effect of the ONLY INCREASE in the proposal which is for one year! Further, a little known fact that is always forgotten in the 2001 Act for 2010 is that the "step up" basis that assets get due to death is greatly limited by the 2001 Act thereby hiding a potential 15% CAPITAL GAINS TAX on inherited assets in the 2001 ACT. It looks to me that just about everyone comes out ahead (except the tax man) under the new proposal!
  • Death Tax
    I hate this tax the most of all! I shouldn't have to wish my hard-working and loving grandparents would die this year so that my family can inherit the full amount of their estate. (Kidding...kind of)
  • Death Taxis
    Don't forget that those who support the death taxis do not pay it. They put their money into trusts, etc (ie Warren Buffett). Just like those who support higher taxis rates overall (ie Democrats) don't pay their taxes until caught!

    No, I did not misspell Taxes. I spelt it taxis because we are being taken for a ride and the meter is broken.

    BTW Your security code system for posting comments is the worst.
  • the vulture tax
    Not the death tax... the vulture tax. Keep the emphasis on the scum that feast on the dead.
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