Prof. Lily Batchelder of New York University School of Law advocated a wealth transfer tax structure in which recipients with lifetime inheritances greater than a $1.9 million exemption would pay individual income tax plus a 15 percent surtax. Batchelder said such a scheme would be a revenue-neutral replacement for the estate tax in 2009, which will impose a 45 percent tax on estates after a $3.5 million exemption.A family business being split among four children would thus be exempt up to a value of $7.6 million. Of course, the impossible valuation questions are left for another day.
I believe that there is no chance of shifting to this approach. Canada provides an interesting alternative: one-half the value of an inheritance is taxed as a capital gain. This has the virtue of piggybacking on the existing income tax collection system, rather than requiring an entirely separate, if interlocking, legal scheme.
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