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Old 08-09-2022, 05:58 AM
clamendo clamendo is offline
Carl Lamendola
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Join Date: May 2009
Location: New York
Posts: 486
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Quote:
Originally Posted by BobC View Post
California currently has no estate or inheritance tax.

However, New York state does have an estate tax, but no inheritance tax. For 2022, the minimum threshold to be subject to New York's estate tax is $6.11M. As long as your taxable estate is worth less than this amount, there is no estate tax due New York. This exemption threshold amount is subject to change and goes up each year based on same inflation factor. However, New York also has a quirky twist to their estate tax law. As long as your estate value does not go up any higher than 105% of that estate tax exemption threshold, which for 2022 is $6,415,500 ($6.11M X 105%), you only pay New York estate tax on the value of the estate in excess of the 2022 exemption threshold amount of $6.11M.

But, go just $1 over the 105% amount of $6,415,500 to $6,415,501, and the entire value of the estate, including the previously exempt $6.11M, is now all subject to New York estate tax. And kind of like income taxes, New York estate taxes are calculated on a graduated tax rate schedule that starts at 3.06% on the first taxable dollars of the estate, and goes all the way up to 16.0% that starts once the taxable value of the estate goes over $10.1M. Here's New York state's current estate tax table for 2022 shown below.

So based on this, if someone passed away in 2022 and left the heirs a card valued for estate purposes at say $10M, and there was nothing else in the estate, that entire $10M would be subject to New York estate tax based on the table below, which would end up being $1,067,600 in estate tax due.


NEW YORK ESTATE TAX RATES
Taxable Estate*Base Taxes PaidMarginal RateRate Threshold**
$1 – $500,000$03.06%$1
$500,000 – $1 million$15,3005.0%$500,000
$1 million – $1.5 million$40,3005.5%$1 million
$1.5 million – $2.1 million$67,8006.5%$1.5 million
$2.1 million – $2.6 million$106,8008.0%$2.1 million
$2.6 million – $3.1 million$146,8008.8%$2.6 million
$3.1 million – $3.6 million$190,8009.6%$3.1 million
$3.6 million – $4.1 million$238,80010.4%$3.6 million
$4.1 million – $5.1 million$290,80011.2%$4.1 million
$5.1 million – $6.1 million$402,80012.0%$5.1 million
$6.1 million – $7.1 million$522,80012.8%$6.1 million
$7.1 million – $8.1 million$650,80013.6%$7.1 million
$8.1 million – $9.1 million$786,80014.4%$8.1 million
$9.1 million – $10.1 million$930,80015.2%$9.1 million
Over $10.1 million$1.082 million16%$10.1 million

That help?

Yes. But as I read this thread there is one scenario that has not been brought up but is very realistic. Medicaid! I wonder if you can put a card collection in an irrevocable trust? If you are unfortunate to have you or your spouse end up in a nursing home for any length of time, Medicaid will force the remaining spouse to spend down all your assets to about $80k. If your by yourself and you try to pass it down in a will you would be subject to Medicaid recovery. At $14k/month … you get the picture.


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