The idea of making death a taxable event infuriates many people. Opponents claim that the estate tax is imposed at a time-death-that is at best illogical and at worst morally repugnant. They argue that the tax impairs economic growth, destroys small b...
The idea of making death a taxable event infuriates many people. Opponents claim that the estate tax is imposed at a time-death-that is at best illogical and at worst morally repugnant. They argue that the tax impairs economic growth, destroys small businesses and family farms, encourages spendthrift behavior, generates huge compliance costs, and leads to ingenious avoidance strategies. As an inefficient, inequitable, and complex levy, the death tax is thought to violate every norm of good tax policy. Supporters find the criticisms overstated or wrong. They note that the tax is only levied on the estates of about 2 percent of Americans who die and only on those with substantial estates. They believe that a highly progressive tax that patches loopholes, helps provide equality of opportunity, reduces the concentration of wealth, and encourages charitable giving can not be all bad. Estate and gift taxation is a controversial subject. Some propose extending transfer taxation to a larger segment of the population. Others favor substantial reductions or outright abolition. Moreover, the approach to estate and gift taxation varies among developed countries. Most use an inheritance tax instead of estate and gift taxes, and some have abolished transfer taxation. Australia phased out its estate tax starting in 1977. The Canadian federal capital transfer tax was abolished in 1972 as part of a federal tax reform that included the introduction of a capital gains tax that applied to bequests and gifts. New Zealand abolished estate taxes for people who died after 1992. In the United Kingdom, inheritance tax is charged on the transfer of all property passing on death. No general gift tax exists, but to avoid too obvious avoidance inheritance tax also levied on certain gift made within the 7 years before the death of a person. In Germany, in most cases, inheritances and gifts are treated in the same and are subject to the same rate table. the liability to pay inheritance tax is incurred at the time of death of the deceased. In France, inheritance and gift tax is imposed by the state on property acquired by inheritance or gift. The rules differ slightly according to whether th acquisition of the property was by inheritance or by gift, but are basically the same. In Switzerland, there are no federal inheritance or gift taxes. However, most of the cantons levy inheritance and gift taxes. In Canada, no Canadian jurisdiction imposes a gift or inheritance tax. However, a form of such tax is imposed through deemed disposition provisions in income tax legislation. In the United States, there is a unified estate and gift tax system that applies to the cumulative total value of all transfers made by an individual during life and at the time of death. Under the 2001 Tax Act, the estate tax and the generation skipping transfer tax are phased out between 2002 and 2009 and fully repealed in 2010. The phase-out is implemented by a combination of a reduction in the maximum tax rate and an increase in the unified credit exemption amount. The repeal of the estate tax and generation skipping transfer tax in the United States in 2001 is expected to have a huge impact on tax system all over the world. Capital gains tax should gradually replace inheritance tax in many countries. Once a system of capital gain tax has been set up, double taxation of personal income tax and inheritance tax on bequeathed income can be avoided and tax will be levied on unrealized capital gains of the transferor.