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Unlike most other taxes, the federal
estate tax is not based upon one party's receipt of
property that increases his or her worth as the result
of a transfer between people or entities.
For instance, a salary or paycheck is
a receipt of property (money) in exchange for services
(work) and is subject to the income tax.
Similarly, the sale of tangible
property (real estate, house, car) or intangible
property (stocks, bonds) for more than the property's
basis, which is generally the purchase price, also
results in a receipt of property that is typically
subject to the capital gains tax.
These most familiar taxes, income and
capital gains tax, are initiated by an interaction
between parties that results in an enrichment to the
party that pays the tax.
However, certain other taxes that are
also initiated by an interaction between parties do not
result in an enrichment of the party who pays the tax,
such as the sales tax. Although you receive
property when you pay the sales tax, you have not
increased the value of your overall worth.
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For instance, the property you
receive when you buy a car does not increase your worth,
because you are assumed to pay fair market value for the
car. You merely exchange something worth "X"
(cash) for something else worth "X" (car).
The federal estate tax is not
initiated by an interaction between people and does not
require a transfer of property. Rather, the tax
results from the mere ownership of property: The value
of all the property that a person owns, controls, or has
the right to control at the time of death.
Although the tax does not require a
transfer, it does give some consideration to the nature
of the transfers made from the gross estate when the tax
is actually calculated.
For instance, debts of the estate are
subtracted from the gross estate prior to calculating
the tax. These subtractions include payment of the
deceased's general debts, such as credit card bills,
automobile loans, and mortgage balance.
The costs of settling the deceased's
estate are also subtracted, such as the cost associated
with the funeral, disposition of remains, and the
personal representative. The amount of all
transfers to a qualified charity and surviving spouse
who is a U.S. citizen are also subtracted from the gross
estate.
Making these subtractions results in
the "taxable estate" against which the tax is finally
calculated.
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