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pay all kinds of Federal and state taxes during our lives, including
income taxes, sales taxes, property taxes, etc. After we pay tax,
we accumulate our capital - our principal. At death, federal and state
governments assess a tax on our principal. The government considers
many things you may not expect as your principal for this purpose.
For example, the death benefit of insurance, property such as a house,
which you gave to children during life but which you continued to
use, and retirement plans are all potentially taxed at your death.
The federal estate tax is generally imposed at a rate of 41% of every
dollar over $1,000,000 of wealth (our principal) transferred by gift
or at death. Of every dollar we earn, in excess of 69% is potentially
paid to federal and state governments in one form of tax or another.
The
federal wealth transfer tax system is composed of a gift tax and
an estate tax. The purpose of this wealth transfer tax system is
to redistribute wealth to the general population through government
programs. Subject to several exceptions, you cannot avoid the estate
tax on your death by gifting property away during your life. All
taxable gifts (those in excess of the annual exclusion) are added
back into your taxable estate for purposes of calculating a tax
on the total wealth transferred by you during life and at death,
with a credit applied for any gift taxes paid. Gifts are not taxable
if they meet certain criteria. Most people are aware of one gift
tax exception - the $11,000 per year per donee exclusion - but there
are several others and many ways to minimize gift and estate taxes.
Once
you identify the egregious nature of the tax system, you may seek
to avoid it. Doing so involves ways of reducing income and other
life-time taxes and tax-advantaged shifting of wealth to children
and grandchildren, often while securing your lifetime financial
security and cash flow. Through the use of various tax exemptions
and planning opportunities, which are often wasted, tremendous tax
savings and wealth preservation can be achieved over your generation
and, with proper planing, future generations.
Justice
Louis D. Brandeis of the United States Supreme Court said it this
way:
"I
live in Alexandria, Virginia. Near the Supreme Court chambers is
a toll bridge across the Potomac. When in a rush, I pay the dollar
toll and get home early. However, I usually drive outside the downtown
section of the city and cross the Potomac on a free bridge.
If, I went over the toll bridge and through the barrier without
paying the toll, I would be committing tax evasion.
If, however, I drive the extra mile and drive outside the city
of Washington to the free bridge, I am using a legitimate, logical,
and suitable method of tax avoidance and I am performing a useful
social service by doing so.
For my tax evasion, I should be punished.
For my tax avoidance, I should be commended. The tragedy of life
today is that so few people know that the free bridge even exists."
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