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1. Does a spouse pay inheritance tax? The answer is normally no, but this could depend on the type of assets you have and how your assets are registered. If you put your house, car and bank accounts in both your names, the answer is always no inheritance tax for these items. You designate your beneficiaries when you fill out the paperwork for your retirement accounts 401k or IRA or buy stock (you can call the people who manage your retirement accounts to change the beneficiaries name at anytime). You should put people names down and not write by law, because then someone else appointed by the court system determines who gets the assets (you pay for this determination) and if your heir is under the age of 18, the courts choose someone else to manage the accounts until your child turns 18. This covers basically all commonly held assets. You dont need a trust unless you have special circumstance or over 1.5 million dollars.
If you have a joint account with your childs name on it then your child will inherit it without tax. However, if you put your money in a joint account with your child (or house) you risk your child withdrawing all your money or selling your house from under you. Generally the first 1.5 million dollar of most types of assets is currently taxed free, and it is not necessary to put assets less than this amount joint with your child.
2. Citizens are automatically entitled a big estate tax break -- the unlimited marital deduction. When properly used by a citizen, the unlimited marital deduction defers all estate taxes until both spouses have died. No matter which spouse dies first, all assets left to the surviving spouse pass without estate taxes.
This is not true for a non-citizen, and the new tax law did not change the rule. Resident aliens are not entitled to use the unlimited marital deduction unless there are legal assurances that the assets will not be removed from the US during the surviving spouses lifetime.
Filing requirement. The following table lists the filing requirement for the estate of a decedent dying after 2001.
Year of Death: Filing Requirement:
2002 and 2003 $1,000,000
2004 and 2005 1,500,000
2006, 2007, and 2008 2,000,000
2009 3,500,000
*** ไม่ทราบว่าต้องพิมพ์ไงให้ตัวเลขไม่ติดกันมากๆๆนะคะ ตัวเลขนี้เช็คได้จาก IRS government site อีกทีนะคะ ***
More information. If you think you will have an estate on which tax must be paid, or if your estate will have to file an estate tax return even if no tax will be due, get Form 706 and its instructions for more information. You (or your estate) may want to get a qualified estate tax professional to help with estate tax questions.
On the other hand, the exemption from federal estate tax is available to both citizen and non-citizen alike. Under the new law, the exemption was raised to $1.5 million on January 1, 2004.
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