Update on Estate Taxes in 2010

As I mentioned yesterday, “Law and Order” has noticed that 2010 is a great year to die. So, far no retroactive estate tax law has made it through Congress and with summer recess and elections looming, I for one am beginning to think that nothing will happen this year. If that is the case, people dying in 2010 with estates of more than $1.5 Million will need to file Estate Tax returns for the sole purpose of allocating basis since there is no basis step-up for decedent’s dying in 2010.

Its nice to be noticed.

Sorry about the hiatus, but Tax season and other time crunches have killed my writing time and creative time. I was watching “Law and Order” last night and the plot involved you guessed it, rich people dying on cue in 2010. The plot was not one that I dreamed up and kudos to the L&O writers to dream up the idea of sending cancer patients to a quack to ensure that they died in 2010 (at the advice of the evil Tax Lawyer). Its nice to see that perhaps my 2009 blogs might have nudged the conversation regarding the inanity of the 2010 Estate tax notch.

Health Reform Bill – some thoughts

Sorry I’ve been off line for a few weeks. Work schedule has been brutal. I wanted to weigh in on the Health care bill that appears to be wending its way through Congress. There are many things to cause suspicion. As Ruth Marcus pointed out in her column in today’s Washington Post, there are some problems with the assumptions in the CBO report. I would commend her column to you, if I could only figure out how to imed links in this blog. There are some troubling provisions that every American should think about. (1) Individually mandated coverage. This means that if your very healthy 20 something wants to spend his or her money on WII’s, partying, and food, they now have to pay for the privilege of not having health insurance. $750 per year. (2) For those who have adult children living at home, this is yet another delay in the quest for the empty nest. The Employer mandate for insurance. This is also a problem waiting to happen. Let’s say you came to America, got your green card and started your own lawn maintenance business. You hire people who speak your language and who may or may not have documents. You hire them as independent contractors and pay them in cash. You find them hanging out at certain street corners in town looking for work and you pay them above or below the minimum wage. Over the year the number of various contractors exceeds 50. A couple of years later the IRS audits you and asks you to prove that these were not statutory employees. The IRS doesn’t accept your explanation and slaps you with a $40,000 tax penalty for 20 uninsured employees exceeding 30 (the agent tells you he’s being kind). The penalty grows to $80,000 since its for 2 years and then interest gets added. To make matters worse, you also get slapped with social security and medicare taxes not withheld on their $100,000 of wages, another $15,000. Suddenly you’re looking at a $100,000 tax bill and you think about going out of business when the IRS publishes a lien against your business. Then it gets worse, one of these “contractors” gets drunk and falls off a curb and was hospitalized needing brain surgery to save his life. The hospital finds out somehow that he was your “employee” and you didn’t provide him insurance. So, the hospital sues you for his medical bills $400,000. So the total is now $500,000 of liability for being an employer who paid $100,000 in wages to what you thought were independent contractors. Talk about a perverse way to deal with the immigration issue by putting all these guys into bankruptcy. So, the business goes bankrupt and the Government and the hospital don’t get paid and the owner has $15,000 tax liability for the FICA and medicare taxes. The Government never sees the other $80,000 in taxes which of course went into the calculation used by the CBO to make this bill look rational.

The Moral of this Tale

Revocable trusts are fine when they are funded and when there is sufficient tax reasons or asset management reasons to prepare one. Revocable Trusts are great if funded to keep your estate plans private, to provide for seemless lifetime management of your assets and save taxes when you have a married couple. Next week we will look at one where the Trust is recommended.

The hassle

The lawyer found the file and much to his chagrin determined that the will was witnessed by two staffers who were no longer with him. So, he called the daughter and gave her the names of the witnesses and the last address he had for them and told her happy hunting. She was able to locate the witnesses and then had to hire a lawyer to prepare the affidavits. Once signed the will was admitted to probate and the estate was opened. The lawyer told her that after she filed the inventory, all she’d have to do is file a quick accounting showing the assets had been transferred to the Trust.