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The reason why everyone seems to be rushing to Florida are the favorable tax laws. In addition to no income tax, Florida is also one of the 38 states in the country that does not levy a state tax on estates, irrespective of their size.
This is very good news. Nevertheless, it's important to note that you may still be subject to the federal estate tax.
Continue reading to learn more about the repelled Florida estate tax and other federal taxes that may impact your estate.
Let’s go.
As we already mentioned, the Sunshine State does not have an estate tax as it was eliminated way back in 2004.
Before this happened, federal law allowed a credit for death taxes at the state level, which was claimed on the federal tax return. Subsequently, the federal government converted this credit to a deduction when filing state taxes.
Since Florida's estate tax was solely based on the federal credit, the state no longer found it necessary to maintain the tax. Consequently, individuals who passed away on or after January 1, 2005, are no longer subject to the Florida estate tax.
Although you no longer have to worry about the Florida estate tax, you will be required to pay the federal estate tax. It applies to estates valued at $12.92 million or more.
Estates with a net worth below this threshold are not subject to any federal estate taxes.
However, if the estate's value exceeds $12.92 million, the portion of the estate surpassing this limit will be subject to taxation. In essence, the federal estate tax is triggered for the portion of an estate that exceeds the specified threshold.
Keep in mind that the amount is portable for married couples. Thus, with proper
estate planning, a married couple can combine their individual exemptions, effectively doubling the threshold.
This means that a married couple can potentially have a combined exemption of up to $25.84 million after both spouses have passed away.
It's important to note that if an estate surpasses this combined exemption amount, the exceeding portion may be subject to the federal estate tax at a top rate of 40%.
To help you fully visualize the impact of the federal estate tax, here is a table outlining all applicable tax rates.
Estate | Paid base taxes | Marginal rate | Rate threshold |
---|---|---|---|
$1-$10k | $0 | 18% | $1 |
$10-$20k | $1.8k | 20% | $10k |
$20k-$40k | $3.8k | 22% | $20k |
$40k-$60k | $8.2k | 24% | $40k |
$60k-$80k | $13k | 26% | $60k |
$80k-$100k | $18.2k | 28% | $80k |
$100k-$150k | $23.8k | 30% | $100k |
$!50k-$250k | $38.8k | 32% | $150k |
$250k-$500k | $70.8k | 34% | $250k |
$500k-$750k | $155.8k | 37% | $500k |
$750k-$1m | $248.3k | 39% | $750 |
Over $1m | $345.8k | 40% | $1m |
Here’s an example that might make this even more clear:
Say your estate is valued at $21.2 million and you’re not married. You can subtract the federal tax exemption of $12.9m, which leaves you with a taxable estate of little over $8.3m. Considering you fall in the highest bracket, you’ll have to pay $345.8k in base taxes.
Then, you can deduct the previously paid tax of $1 million, leaving a remaining taxable estate of $7.3 million.
Applying the 40% tax rate to this remaining amount results in an additional tax of $2.92 million. Combining the base payment and the additional tax, the total federal estate tax for this scenario amounts to $6.24 million.
In addition to a non-existent Florida estate tax, there’s also no inheritance tax. However, if you emigrated from another state, you may owe that state inheritance taxes. For instance, Pennsylvania inheritance tax also applies to citizens who moved out.
Moreover, Florida does not have a state gift tax either. The
federal gift tax exemption was $17,000 in 2023.
If you exceed this annual gift limit to one person in a year, it counts against your lifetime exemption of $12.92 million. It's essential to stay informed about both state and federal regulations to ensure compliance with gift and inheritance tax laws.
Absolutely, and this will likely stay true for the foreseeable future.
The Sunshine State offers various financial benefits to residents, including the absence of a Florida estate tax. No state income tax also sees to it that income, Social Security, retirement accounts, and pension plans remain untaxed. This alone makes Florida a tax-friendly state for retirees, helping save a substantial portion of their income.
In terms of sales tax, Florida imposes a state sales tax rate of 6%, and when factoring in local sales taxes, the overall average reaches 7.01%. While there is a sales tax, it is important to note that the lack of a state income tax can offset this for most residents.
When it comes to property taxes in Florida, they're within the national average at an effective rate of 0.80%. This places the state in the middle ground nationwide, contributing to the overall affordability and tax-friendly environment that attracts individuals and businesses to call Florida their home.
In closing, there hasn’t been a Florida estate tax since 2004, but there are other federal taxes that may apply to your estate after you pass away.
Regardless of the size of your estate, proper estate planning is essential to ensure its proper management and prevent your heirs from dealing with a significant tax burden. This is why you should take proactive steps and seek professional guidance.
Estate planning attorneys at the
Law Offices of Mary E. King can assist you in safeguarding your estate, providing for your beneficiaries and mitigating any potential tax burden on your assets. As one of the most effective tax and estate planning professionals in Florida, working with us is your best option if you want to make sure that your estate plan is completely without flaw.
Schedule an appointment by calling 941-906-7585 or
filling out our contact form.
Note:
The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.
Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.
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