Definition of "Estate tax"

Bill  Fitzpatrick real estate agent

Written by

Bill Fitzpatrickelite badge icon

Beverly-Hanks Realtors

Wondering what is an estate tax? While the name makes it seem like a variation to regular “property tax”, the correct estate tax definition is pretty different.

An estate tax is a federal tax imposed on the estate of a decedent according to the value of that estate upon the death of the taxpayer/homeowner via a will or according to state intestate laws. In other words: a tax the government collects from the transfer of real estate as an inheritance.

Note: estate tax does not apply to surviving spouses; only when the beneficiary is an heir. Plus, the tax is paid by the estate, not the heirs.

The first step in the computation of the federal estate tax owed is to determine the value of the decedent's gross estate. This determination can be made by adding the following values of assets owned by the decedent at the time of death:

  1. property owned outright.
  2. gratuitous lifetime transfers, but with the stipulation that the decedent retained the income or control over the income.
  3. gratuitous lifetime transfers subject to the recipient's surviving the decedent.
  4. gratuitous lifetime transfers subject to the decedent's retaining the right to revoke, amend, or alter the gift.
  5. annuities purchased by the decedent that is payable for the lifetime of the named survivor as well as the annuitant.
  6. property jointly held in such a manner that another party receives the decedent's interest in that property at the decedent's death because of that party's survivorship.
  7. life insurance in which the decedent retained incidents of ownership.
  8. life insurance that was payable to the decedent's estate.

The second step in the computation of the federal estate tax owed is to subtract allowable deductions (including bequests to charities, bequests to the surviving spouse, funeral expenses, and other administration expenses) from the gross estate. This results in the tax estate. Adjustable taxable gifts are then added to the tax estate, resulting in the computational tax base.

 

Real Estate Tips:

When buying a home, think about the future. Ask your real estate agent to recommend a tax specialist so you’re not caught off guard regarding any taxable assets.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Assemblage in real estate is the process of combining multiple small plots of land into one larger plot. This is accompanied by plottage, which is the increase in value that occurs when ...

Same as term government rectangular survey: Way in which the U.S. government uses to subdivide public land. Land is designated as either a base line (East-West) or principal meridian line ...

Opinion of a judge having no direct legal or binding effect on the outcome of a pending judicial decision. An obiter dictum is considered to be an incidental judicial remark about some ...

(1) Judgment against a defendant who does not respond to the plaintiffs lawsuit or fails to appear in court at the hearing or trial date. (2) Judgment issued by the court against the ...

(1) Methods that involve discounting the future cash flows generated by an income property. These techniques are used primarily for valuation. (2) Methods of selecting and ranking ...

Room that is fit for living in. the building in which the room is located conforms with the building code and has a certificate of occupancy. Usable for all purposes, but does not include ...

Existing state of affairs with respect to the real estate market and conditions. ...

The concept of a release can define various meanings in the financial and real estate business. Typically, it establishes a discharge or literal escape from a loan borrower's economic ...

Voluntary giving up of a right of a lien, usually on a temporary basis. The waiver may be explicitly stated or implied. An example is when a lender waives its right of lien against ...

Popular Real Estate Questions