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

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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

Find us on Facebook: www.facebook.com/fnrclemson