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ARTICLE · 23 DECEMBER 2010

Important Estate, Gift and Generation Skipping Tax Changes

Congress has passed the 2010 "Tax Relief Act" which includes enormously important provisions affecting the federal estate tax, gift tax and generation-skipping tax.

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Congress has passed the 2010 "Tax Relief Act" which includes enormously important provisions affecting the federal estate tax, gift tax and generation-skipping tax. This legislation impacts the tax laws in effect for 2010, 2011 and 2012, and has a sunset provision of December 31, 2012. The most significant changes are the following:

  • The exemptions for federal estate tax, gift tax and generation-skipping transfer (GST) tax are increased to $5,000,000 per person ($10,000,000 for a married couple). The estate tax exemption and GST exemption are effective retroactively to January 1, 2010, although a 2010 estate may still elect to pay no estate tax (regardless of its size); the increase in the gift tax exemption is effective beginning January 1, 2011.

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