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California Estate Tax Laws


Posted by James

California Estate Tax Laws sure can be confusing! At any rate, I was wondering the other day who the residency laws applied to, the decedent, or the beneficiary? So I decided to look into it, and here’s what I found.

Under California Estate Tax Laws, the income of an estate or trust is taxable to the estate or trust. The tax applies to the entire taxable income of an estate, if the decedent was a resident, regardless of the residence of the fiduciary or beneficiary, and to the entire taxable income of a trust, if the fiduciary or beneficiary (other than a beneficiary whose interest in such trust is contingent) is a resident, regardless of the residence of the settlor.

FYI, the Estate Tax is a tax on your right to transfer property at your death. Under California Estate Tax Laws, it consists of an accounting of everything you own or have certain interests in at the date of death. The total of these items is your “gross estate.” This can include cash and securities, real estate, insurance, trusts, annuities, business interests, and other assets.

Once you’ve figured out your gross estate, certain deductions lead you to what is eventually called your “taxable estate.” These deductions usually include things like your mortgage, debts, estate administration fees, and property that passes to surviving spouses and qualified charities.

Once the net amount is figured out, the value of lifetime taxable gifts is added to this number and the tax is computed. The next step is that the tax is reduced by the available unified credit. At this time, the amount of this credit reduces the computed tax so that only total taxable estates and lifetime gifts that exceed $1,000,000 will have to pay tax. When you add all this up, what it means is that only the wealthiest 2 percent of all Americans have to pay estate tax.

At any rate, I hope you’ve found this information on California Estate Tax Laws informative and educational. Thanks for reading.

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