You are here: Louisiana Law › Forums › Louisiana Probate Law › Seeking La. inheritance/estate clarification
Tagged: Inheritance tax
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May 25, 2018 at 11:30 am #3974
birdlover
ParticipantI’m in my “golden years” and am trying to understand
Louisiana’s inheritance/estate laws.Since I have lived past year 2004, my offspring should
not have to pay Louisiana inheritance taxes. But it
is not clear to me about La. estate taxes. The estate
is over $60K. Will my offspring be required to pay
La. estate taxes on the inheritance? She is the sole
final beneficiary of a revocable trust, which owns
all probatable assets.Will she have to file a La. estate tax return?
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May 28, 2018 at 8:06 pm #3975
Lex
KeymasterHi.
An estate tax is based on the value of the estate and is owed by the estate.
An inheritance tax is based on the amount inherited and each heir owes taxes on their portion.
Louisiana never had an estate tax and the inheritance tax was phased out and is gone.
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June 6, 2018 at 9:45 am #3981
birdlover
ParticipantLex, thank you for your answer.
If Louisiana never had an estate tax, What is the
“estate transfer tax” referenced in http://revenue.louisiana.gov/InheritanceAndEstateTransferTaxes ? -
June 9, 2018 at 10:11 am #3982
Lex
KeymasterIf a Louisiana estate was large enough to owe the federal estate tax, then Louisiana wanted a piece of that action too. So, in addition to any inheritance tax there could also be additional taxes due the State depending on the required filing of a federal estate tax return.
All of this is now history.
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June 11, 2018 at 3:37 pm #4006
Lex
KeymasterLet me just add, because I find it interesting, that many states had or even still have an estate transfer tax.
Basically, it is a way to get some tax money for a state without costing the estate or heir anything. In the simplest terms, the state required that you pay them the maximum amount that was deductible from the federal estate tax return. So, if the estate transfer tax was $5,000 and you could deduct that amount from the federal estate tax return, then the feds are out $5,000, the state gets $5,000, and you haven’t paid any more in total taxes.
Make sense?
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