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"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."

Frederic Bastiat

DEATH AS A TAXABLE EVENT

By
Neal Boortz
@ December 4, 2009 9:31 AM
Permalink | Comments (40) | TrackBacks (0)

The House voted yesterday to make the current death tax rate permanent. Now when I say "death tax" I am referring to what Democrats call the "estate tax." The rate will permanently remain at the current rate of 45% with an exemption of $3.5 million. What would happen if the Democrats did nothing? Well the tax would disappear in 2010. But then in 2011, it would return at a 55% rate and a $1 million exemption.

Actually ... if the looters are going to keep their death tax, this is a good move. Can you imagine what the days after Christmas 2010 would be like? Consider this: You're suffering from a terminal condition. It's December 28, 2010. If you die within the next three days there will be no death tax on your sizeable estate. If you die after the stroke of midnight on December 31st the looters will seize 55% of what you have worked for throughout your life. Time for an overdose, wouldn't you say? And if you don't do it to yourself your son-in-law just might.

Really ... this is disgusting. You work all your life. You pay taxes to the federal government on everything you earn ... then when you die the government steps in for more. Indefensible.

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What others are saying

  • estate tax
    Remember that the fair tax (which will sadly never have a chance) probably wouldn't take out this tax. I can't find anything in the article about whether the stepped-up basis we have now stays. Earlier I had heard we would move in 2011 to a carry-over basis, which would create an accounting nightmare and kill people with capital gains income taxes. They were fighting about that when I was in the school in the 1970's and the exemption was a mere $250,000.00.
  • @TruthSeeker
    Why do you have the word 'truth' in your screenname when all you do is lie?

    Never have conservatives said we can't afford to provide affordable healthcare for the people who '46 million people who can't get it otherwise'. We've never had any problem taking care of the people who can't take care of themselves. We say we can't afford to provide healthcare for the 300+ million people -- the entire population of this country, plus the illegal aliens. Big, HUGE difference.

    Of course, you lie within your lie. There aren't 46 million people who can't get affordable healthcare. That's not even the claim -- the claim is there are 46 million who can't get affordable health INSURANCE. But even that is a lie -- the truth is that there are 46 million who don't HAVE health insurance. One of them is probably Bill Gates, who can most certainly afford it. A great many of those 46 million COULD buy health insurance if they wanted to -- they just don't want to, or don't see the need for it.
  • Vlad and someguy
    won't inherit anything more than some gold teefers and a hoopdee car. their reasoning is since they won't then nobody will. I deem this appropriate logic from the parasite crowd.
  • Hey Charles
    You don't know what YOU'RE talking about....so take your own advise.....

    ....and STFU.
  • Tax Man
    SV - Surely you've heard Stevie Ray Vaughans version of the same song??

    Anyway, I wonder who the hell is going to care about anything to do with our currency in a few years anyway. It won't be worth crap. The average life span for a currency (in this case the dollar) is what 75 years? We're around 200 years now. It's time. Obama and his idiots will see to that.

    and Capt. Stillman,Dolan,Pvt whoever - effoff sicko.
  • the necrophiliac tax
    ...is the most appropriate name for it.

    My father just inherited his recently passed uncle's estate, but he doesn't even want it, based on the enormous amount of tax he'll have to pay.
  • Correcting Misconceptions
    As always, there's lots of misinformation on this board, no doubt caused by folks listenting to talk radio.

    Esorcire -- There would not be anything close to a 100% tax on 401k plans. In the first place, if you inherit a 401k from your deceased parent or spouse, there's no penalty. There would be income tax liability, but that's because income taxes had never been paid on the contributions in the first place.

    Then the spouse would inherit the 401k free from estate tax. If it went to the kids, the first $3.5 million (net of the income taxes paid) would be estate-tax free. Only anything more than that would be subject to the estate tax of 45%.

    So, the bottom line is: If your dad has $5 milion socked away in his 401k and you inherit the whole thing, you'd need to pay $1.75 million in income taxes, but not a dime in estate taxes.

    If he had $10 million in his 401k, you'd need to pay $3.5 million in income taxes and $1.35 million in estate taxes.

    Now, for those of you who live in reality, how many folks have more than $1 million in their 401k or IRA? Virtually none.

    David Granger -- The estate tax was implemented in 1916. Every Kennedy, Rockefeller and other rich person living has been living under the estate tax.

    And for the rest of you that want to elimnate teh estate tax on the wealthy, remember that we'd need to increase taxes on the middle class to make up the difference.

    Ya' think that's fair?
  • Jimmy Dolan
    MOS?
  • greeder?
    the tobacco industry KILLED 30 million for profits,talk about greed. wal mart just paid 40 million because it cheated its employees.ford refused to fix the pinto because it was cheaper to pay the law suits than fix it. corporations dumped toxic waste in river and buried it because it was CHEAPER.the vast majority of premiums goes to profits an commisions.if you dont know whaqt your talking about stfu.
    private industry had 16 years to fix the health care and didn't. the republicans had 16 years and didn't. why because the insurance companies PAID them NOT to.the republicans had 6 years to fix illegal problems and in fact killed 22 bills by the democrats to secure the border.80% of the deficit happened uunder REPUBLICAN presiodents namely REAGAN and bush II.reagan raised taxes SEVEN times bush raised taxes on middle class to pay for his tax cuts for rich.(he eliminated every deduction for the middle class, the other way to raise taxes.)he also tried to eliminate the interest on a house as a deductions.
    we are in this financial mess because of the RIGHT.TAKE RESPONSIOBILITY for your SCREW UPS.party of personal responsibility my foot.your the party of whiners.because that is all you do is whine.
  • Better alternative to Kyle:
    In response to Kyle: All the more reason we need the Fair Tax. I know if I just inherited several million dollars, I would be more likely to spend some of it on stuff than I would if I had to sit back and watch the Feds TAKE almost half of what my parents/ relatives worked so hard for. If allowed to keep and spend it as I see fit, I would still be paying my TRUE fair share of taxes and helping stimulate the economy to boot. It turns my stomach to think that the gov. can seize almost half of someones estate when the only thing that person did was die, isn't that price enough to pay? But no, as the final insult, the Gov. steps in and laughingly tells your heirs "BOHICA". It sounding like the Beatle's "Tax Man" has moved across the pond to the U.S.
  • Pay the Reaper
    I'm going to have a hell of a party and then tell my kids I did it for them. I'll spend every penny just so they won't have to pay taxes om the money I already payed taxes on. Selfish? No. Just want to piss off the government any way I can. Plus I want to deny Truthseeker any benefit of my hard work.
  • It's true, James.
    Not just technically, but COMPLETELY true. The dead pay no taxes. The truth seems difficult for you to admit.
  • You missed something, Neal
    Not only do we pay taxes on everything we earn, but we also pay taxes on everything we spend, everything we invest, and all property we own!

    Screw all politicians - they take our money every way they can. Bunch of punks. STOP TAKING OUR MONEY!

    (And Neal, by the way, today is my birthday - the big 37. Wish me happy birthday!) :)
  • Is the "Death Tax" a good thing?
    Maybe. Consider the alternative. If there is no estate tax, what will happen when someone inherits sizable estates. For example, if you were to get a 200 acre family farm. You may not be interested in owning a 200 acre farm. Currently you would sell the farm with a cost basis of fair market value at the date of death (or 6 months after if the executor so decides). You would pay little to no income/capital gain tax on this sell. Without the provision that allows you to inherit the property at fair market value, you would have to determine the original cost of the property and pay taxes on the gain.
    With the estate tax in place this isn't a problem and the estate planners in the world can help people prevent paying the "Death Tax" or substantially reduce the cost of it through life insurance.
    Don't get me wrong, I would love to be rid of the estate tax, but I wouldn't want it to be replaced by an unintended income or capital gain tax. And I don't see the government getting rid of both.
  • Will Dems lead by example?
    Wonder if the Democrats will lead by example on this? The Kennedys, Jay Rockefeller, Herb Kohl...they all inherited vast fortunes before the "inheritance tax" came along, and I wonder if they'd be willing to lead the way by going back and voluntarily paying what they would have to pay today, under the law that they just voted for?
    (Rhetorical question, of course...none of those hypocrites would ever consider anything like that.)
  • ReconDaddy
    All I hear from you are excuses not solutions. You never did a second of recon in the military w/ those crappy statements. You are not a real soldier, go back to your job cleaning toilets.
  • Wow...
    It's not surprising certain people here think that because the tax will not affect them it is ok. They could not possibly think they will someday be included in the affected upper class because they think wealth in unattainable. Am I affected by this tax now? No, far from it. However, I was taught that in American you can get there through hard work and that is what I intend to do. And that is why people that are not affected should still oppose this, just as smart people did even when Bush was in office.
  • @TruthSeeker
    There's a difference between actually spending money and refusing to seize someone else's money. You imply that the US government can't afford to eliminate the death tax. Get this through your head: IT'S NOT YOUR MONEY!!!

    You're apparently operating under the statist illusion that all private income belongs to the government. You guys are generous enough to let us keep just enough.

    Frickin' moochers.
  • @ Vlad and someguy
    Vlad says only 3% will pay ... the tax won't effect most of us here. So you're saying that because most people are not impacted, that the principle (or lack of) should be ignored?

    Vlad - your semantic B.S. about dead people don't pay taxed, their heirs pay the tax, may be technically true - but it isn't quite sophisticated enough to to fool me. Good try.

    someguy - You cay the dead have no rights, so tax the bejeezers out of 'em, huh? Well, Vlad tells me dead people don't pay taxes ... their heirs pay the tax.

    The two of you should hook up and get into a big 'ole pissing match over semantics and technicalities to find the best way for government to B.S. people out of their money.
  • Estate Tax versus Health Insurance Reform
    Let's see, according to conservatives:

    We can't afford to provide affordable healthcare to the 46 million Americans who can't get it otherwise.

    But we can afford to eliminate the estate tax on the wealthiest 500,000 Americans.

    I guess that makes a lot of sense if you're a Republican.
  • The Communist Manifesto
    From the section "10 Conditions For Transition To Communism", #3 states:
    "Abolition of all right of inheritance."
    An estate tax is just the first step. If these Marxists have their way, they will seize 100% of your family's wealth no matter the income level. And of course this is in no way enumerated in the Constitution. This wealth has already been taxed and should not be taxed again. This along with the marriage penalty should be eliminated. Hell, all income taxes should be eliminated.
  • Obamacare as Government Windfall
    With Obamacare, lots of old people will be dying and leaving behind estates the Government can tax! What a win-win!
  • No ACSII Fingers Today
    My 87 year old grandmother happens to be loaded. So, to avoid death tax, she gives family members goodies using whatever loophole she and her accountants can come up with. She passes out $10,000 checks at Christmas, lets the family go shopping with her dredit card, etc. One year she "gave" me a Lincoln. Title stayed in her name ... for tax reasons. The Producer class will hide more wealth in trusts and overseas accounts.

    The Fair Tax would solve all of this. But until then, I'm looking for more ways to "Go Galt" without actually having to move to the western mountains.

    Also - Isn't Jon Kyl's (RINO-Ariz.) effort to reduce the death tax rate to 35%, with an exemption of $5 million simply a sugar-coated, socialist-lite version of what the looters are doing?

    Oh yeah ... one more thing ... I'm giving two fingers to Steny Hoyer and Harry Reid!
  • Even though only 3% actually pay...
    The majority of posters here will say the ESTATE tax will affect them.
  • A way out using liberal rules and keep conservatives happy
    I am a problem solver...

    The so-called liberals are pro gay marriage, and it would be nice to take them at their word, and extend to the the right of gay marriage, but also remove other restrictions on marriage, such as plural marriages, and marriage within family.

    Here is how this pays off:
    A couple gets rich and decides to marry their children, but only has joint accounts in the name of the parents. If the couple should perish simultaneously, the community property of the marriage goes to the survivors (as it does now, notwithstanding a will) tax free. If either one dies before the other, the joint accounts and ownership passes to the surviving parent tax free.

    There is nothing that says that one must consumate a marriage, so marrying your children (and their spouses) would be a sinless (whatever you define that to be) act.

    A modest proposal indeed, but then again, so was the original one.
  • No one pays taxes when they are dead.
    First of all, stop whimpering, since the ESTATE tax will probably not affect anyone here.

    Second, no one pays taxes after they die, period. The people who inherit the money are ALIVE, and as long as you are alive and making money (earned or inherited), you pay taxes. Dead people pay no taxes. It's a very simple concept to grasp. Stop being dramatic.
  • Estate planning
    Good estate planning can reduce the amount of an estate seized by the federal government to zero. However, it won't help you with the estate taxes assesed by most states. Their exemptions are too low.
  • ‘Better’ yet, when the fed controls health care, they have a triple incentive for granny to die early and cheap.
    They save on social security, medical expenses, and get to confiscate over half of everything she owns. Watching how nancy lied and blamed the CIA for her ‘mistakes’ (defending the USA is a ‘mistake’ for the dp), and hussein uses WH security and his own underlings as scapegoats for his mistakes, and how they both will throw their own under the bus, one can see why they are cutting back so hard an medicare. Here, try on this noose, trust us, we really care.

    There is nothing greedier than government.
  • Who benefits?
    Yes, you work all your life, earn a lot of money, and then when you die... You get to pass it on to someone in exchange for no work? Is that how capitalism is supposed to work? Sounds broken to me.

    This insane notion that you continue to have rights after you die MUST end. When you die, all money you have which is not debt should not be taxed, should not be passed on, but should be seized and destroyed.

    No, you don't get to give your money to someone else tax-free just because you had the great idea of being dead at the time. Remove the notion of taxing gifts, sure, no problem with that. But don't make exceptions for the dead. The dead should have absolutely no rights under the law. That means you, Disney.
  • @Capt. Stillman/PFC Part/Fantana/etc., etc.
    Hey brainchild,

    Ever heard of HR 8 -- Death Tax Elimination Act?

    The only reason it didn't pass is because of linguini-spined statists (like yourself) filibustering the damned thing.

    Do us a favor -- move to Cuba. It's a win-win. You get your socialist utopia. We get rid of one more liberal oxygen converter.
  • Tick Tock
    the looter class coupled with the political class have this country on a death spiral. I am so sick of this government...the clock keeps counting down on our descent into third world status.
  • Death Tax
    I actually would prefer this as one way of funding the gov. instead of using income taxes. Income redistribution - no, wealth redistributin - yes.
  • No one pays taxes when they are dead?
    But the decedent's estate certainly does pay taxes ... I've served as "executor" four times ... and got to wrassle with Federal, State, County and Local estate taxes. Lots of "fun" (if paperwork can be considered "fun)

    Please note also that anything in the decedent's estate is "net after tax". The wherewithal the decedent used to purchase that house was "after tax" money. Same with the car, the clothes, the TV set, the refrigerator, the couch, etc.
  • Sounds like a liberal agenda to me D
    There was never a tax conceived a liberal did not love. If liberals were not so in the tank for taxing everything, D, I would buy your argument, but past actions of liberal minds (I don't mean just the blue side either) lead to different conclusions.

    Vlad, the dead CAN be taxed and are. The people who suffer that tax are the survivors of the dead party (heirs, family).
  • Missed a great quote, Neal
    Hope you didn't have breakfast, because this is enough to make you want to barf.

    "In America, it's not a sin to be rich nor is it a crime to die rich," said Rep. Jared Polis, D-Colo. "This bill gives our nation's wealthiest families the ability to know exactly what their obligation to the nation that fostered their wealth will be, and it is fair and it is just."

    From another article, located here: http://www.breitbart.com/article.php?id=D9CC1OQG3&show_article=1
  • death tax/conservatives
    Dumbocrats have always stopped it, there,
    Cap'n. They really don't want poor people to move up, and this tax is a great way to
    see that they don't.
  • Oh come on Neal
    Let me preface this by saying I am completely opposed to this tax.


    BUT

    Come on Neal, this desire for sensationalizing is unbecoming. The Dems are NOT the only ones who call this an "estate tax". Every tax practitioner in the country refers to it as an estate tax.

    The term "death tax" is the expression that is used by the minority (basically you).

    Sorry Neal, no evil hidden Dem agenda here.........
  • "Death" tax
    No one pays taxes when they are dead, Neal.
  • Democrats
    If conservatives dont like it so much then why have they never taken a strong initiative to get rid of it? I seem to remember 8 years of conservative power where this could have been done. Lets hear the excuses!!!
  • death tax and 401ks
    Neal,

    There are a lot of 401k millionaires out there too. Think of this situation....

    An heir inherits a large 401k. The government steps in and demands their cut. The only way that the heir can pay the tax is to break the 401k nest egg.

    What would happen is that the heir would be charged the 10% tax for taking the money before they were the right age.... Then he would owe 35% tax on the money as current income, plus the 55% that the govt wants.

    Someone tell me where I am wrong but this sounds like a 100% tax.

    I would rather give this money to dog shelters than let the parasite class have it.
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