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    Wisconsin Lawyer
    February 01, 2011

    2010 Tax Relief Overview: Navigating Through the 2011-2012 Estate Tax Regime

    Robert A. Mathers

    Wisconsin LawyerWisconsin Lawyer
    Vol. 84, No. 2, February 2011

      2010 2011 2012 2013
    Annual exclusion $13,000 $13,000 $13,000 $13,000
    GST exemption $5 million $5 million $5 million $1 million
    Gift tax exemption $1 million * * * * * * * * Gift Tax Becomes Unified * * * * * * * * *
    Unified gift/estate tax exemption $5 million1 $5 million $5 million $1 million
    Top gift tax rate 35% * * * * * * * * Gift Tax Becomes Unified * * * * * * * * *
    Top gift/estate tax rate 35% 35% 35% > 55%
    GST tax rate 0% 35% 35% 55%
    Portability No Yes Yes No
    Basis step-up regime §10412 §1041 §1041 §1041

    Note: Italicized numbers are indexed to inflation.

    1Executors or administrators may elect out of the estate tax in 2010, but doing so subjects the estate to basis step-up limitations and must be reported on IRS Form 8939.

    2The client may opt out of the estate tax regime altogether and elect the 2010 modified carry-over basis regime found at I.R.C. § 1022, and file an appropriate Form 8939.


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