The Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act decreases the maximum federal tax on estates to 45 percent and makes permanent the current exemption for estates of up to $3.5 million per individual. This amount is not indexed for inflation.
The estate tax is a tax on the transfer of assets to a person’s heirs. Currently, the maximum federal tax is 45 percent. The tax is currently set to expire in 2010 – meaning that no tax would be due – but return in 2011 with a $1 million exemption and a maximum tax rate of 60 percent.
The Middle-Class Position:
Middle Class Opposes. The estate tax, the most progressive component of the federal tax code, applies only to Americans lucky enough to inherit substantial fortunes. In fact, only 0.2 percent of deaths currently result in taxable estates. By taxing inherited wealth, the tax preserves the American tradition of rewarding hard work, not inherited privilege and wealth. Although the legislation does ensure that the estate tax does not disappear completely in 2010 as current law would require, the bill’s increased exemption allowance and lower top tax rate would mean $244 billion in lost revenue over ten years. This significant reduction would benefit only the wealthiest American estates worth millions of dollars at a time when the federal government is struggling to fund benefits for families hit by unemployment and extend health coverage to people who cannot afford the care they need.
If Congress takes no action on the estate tax, current law would reinstate a $1 million exemption and a top tax rate of 60 percent in 2011, both of which are consistent with – or more generous than – historical levels. Although more estates would be subject to the estate tax, 99.9 percent of them would be millionaires and very few would be small businesses and farms. In contrast, the Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act would adversely affect aspiring middle-class and middle-class Americans by burdening them with more of the cost of public services while allowing additional accumulated wealth to be passed on for generations. Those who work for their money would be forced either to pick up a bigger share of the tax bill or to suffer cuts in services essential to middle-class families and communities.
From the Experts:
“We had fought a revolution to reject hereditary political and economic power—and the dizzying inequalities of the Gilded Age violated a fundamental American ideal of equality of opportunity. We are now in a second Gilded Age...We’re heading backward to the wealth inequalities of a century ago. We need to preserve the estate tax in states and at the federal level for exactly the reason it is under assault. In a democracy, we should be offended when the power of concentrated wealth brazenly attempts to shape the terms of policy debate and dictate the rules of our society.” –William H. Gates, Sr. and Chuck Collins, Authors, Wealth and Our Commonwealth: Why America Should Tax Accumulated Fortunes (2004)
“Dynastic wealth, the enemy of a meritocracy, is on the rise. Equality of opportunity has been on the decline. A progressive and meaningful estate tax is needed to curb the movement of a democracy toward a plutocracy.” –Warren Buffet, Chairman and CEO, Berkshire Hathaway (11/14/2007)
Beyond this Bill:
For years wealthy opponents of the estate tax have campaigned for its repeal. This Act is a significant improvement over complete abolition and legislators who voted for it may have believed it to be the best compromise they could achieve. However, the legislation remains indicative of a tax code that is weighted against middle-class Americans and towards the superrich. Since 2001, the amount exempt from the estate tax has increased while the maximum rate has decreased. This means that aspiring middle-class and middle-class Americans face the possibility of an increasing tax burden and cuts in the public services they rely upon. Stabilization of the estate tax exemption and rate are only fair to those who must pay the tax. However, legislation should fix the exemption and the tax rate at levels that maintain the tax’s important revenue stream. The estate tax is a significant contribution by the wealthy who have benefited most from the favorable social and economic conditions maintained by public policy.
Percentage of deaths that trigger the estate tax: 0.2
Top estate tax rate and maximum exemption in 2001, respectively: 60%, $675,000
Top estate tax rate and maximum exemption provided by the Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act, respectively: 45%, $3,500,000
Loss in revenue from the legislation over ten years: $244 billion
Percentage of the estate tax paid by households in the top 1% of earners: 72.0
Percentage of the estate tax paid by households in the top 20% of earners: 96.2
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