Читать книгу 2012 Estate Planning - Martin Inc. Shenkman - Страница 20

While most people will be loath to consider this idea, for those of advanced years or in poor health, it may prove beneficial for select high net worth people to make significant gifts in 2012 such that a gift tax would be incurred. This gift tax will be at the current 35 percent rate. This likely will prove favorable when compared to the 45 percent rate that President Obama has proposed and even more so when compared to the 55 percent tax rate scheduled to take effect in 2013 if Congress does not act. There is obvious risk with this type of extreme gift planning in that the gift tax rate may not rise in the future and the hoped for arbitrage may never be realized. Nevertheless, these lifetime gifts may still prove beneficial because, if made more than three years before death, the gift tax paid will be removed from the estate of the person who made the gift.

This is similar to the dilemma many clients faced in 2010 when the risk of such rate increases becoming effective in 2011 were a topic of discussion. Because the rates never rose, the few clients that may have undertaken 2010 taxable gifts likely endeavored to unwind them in 2011.

The different manner in which the gift tax (tax exclusive) and the estate tax (tax inclusive) are calculated favors the net impact of incurring a gift tax over an estate tax.