Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 33 years.

While the federal estate tax receives the news coverage, the bigger concern is the federal capital gains tax and the impact on estates.

Despite speeches by politicians, the biggest concern for estates in the U.S. is not the federal estate tax even if your estate is less than $5.45 million for an individual exemption. The real challenge is the federal capital gains tax, running as high as 33% and having a major impact on an estate.

Recently, Market Watch offered some estate planning tips about the capital gains tax in “5 ways to protect your estate from capital gains taxes.”

How To Protect Your Estate From Capital Gains Taxes

Undo a Trust

Assets put into a trust to keep them out of the estate can have a greater capital gains tax cost when eventually sold.

Upstream Gifting

If you give an asset to an older family member, that asset will receive a step-up basis for capital gains when the older person passes away.

JointExempt Step-Up Trust

These special trusts allow a surviving spouse to sell an asset after a spouse passes away without having to pay capital gains tax.

HomeSale Tax Exclusion

If you have lived in and owned your home for two out of the last five years, you can sell it without owing capital gains on the first $250,000 of appreciation or $500,000 for married couples.

Like Kind Investments

Selling one type of property and using the proceeds to invest in the same type of property can allow you to delay paying capital gains tax.

An estate planning attorney can give additional information on dealing with a capital gains tax.

Do You Need To Speak With An Attorney About Estate Planning?

If you need to speak with an experienced estate planning lawyer please contact us online or call us directly at 800.756.5596 to claim your space at one of our free, informative seminars. Your attendance will qualify you for a discount for our estate planning services. We proudly serve clients throughout California with offices in Torrance, Newport Beach, Orange, Woodland Hills and Pasadena.

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