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Q&A: I have heard the federal tax laws may be changing. Should I consider making gifts this year?

Published on June 18, 2012

Yes, 2012 is an excellent time to make gifts. We have an unusually high federal estate/gift tax exemption in 2012 that permits each taxpayer to transfer up to $5.12 million of property to children or other beneficiaries, without transfer taxes. If a taxpayer makes a gift in excess of that amount (or dies with an estate greater than that amount), the maximum gift or estate tax rate is 35% this year. In contrast, if Congress does nothing, the federal exemption amount will drop to $1.0 million on January 1, 2013, and the estate/gift tax rate will be 55%. So, gifting this year can save significant amounts of federal estate and gift taxes, can remove future appreciation in property from your taxable estate, and also can help minimize Washington state estate taxes, which do not apply to gifts.

Please note that the legal landscape is constantly evolving. Since the publication of this article, new or supplementary information that is not referenced herein may have become available. For questions or to stay up-to-date on the topics or issues discussed in the above article, you can subscribe to our practice group email alerts, follow us on social media, or reach out to any member of our team.

This article has been published by Ryan, Swanson & Cleveland, PLLC to inform about recent developments in the law. Because each situation is unique, this information is intended for general informational purposes only and should not be construed as legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington  
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