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Filing and Paying Estate Taxes

Filing and Paying Estate Taxes: A Comprehensive Guide

Introduction

The death of a loved one is a tough time, both emotionally and financially. When someone close to us passes away, it’s tough to let go, and the last thing anyone wants to think about is taxes. Handling the tax affairs of an estate is a critical task, and it’s crucial to do it correctly. Filing and paying estate taxes can be a complicated process, and it’s essential to understand the ins and outs of the process to avoid unnecessary penalties and expenses. This article aims to provide a comprehensive guide on filing and paying estate taxes, covering everything you need to know about the process.

What are Estate Taxes?

Make no mistake; estates are taxable. Estate taxes, also known as inheritance taxes, is the tax on the right to transfer property upon an individual’s death. It’s a tax levied on the estate of a deceased person, and the rate of the tax varies based on the size of the estate. The Internal Revenue Service (IRS) is the agency responsible for setting and collecting estate taxes.

The primary aim of estate taxes is to generate revenue for the government. Since not all estates are taxable, the IRS sets a threshold over which estate taxes apply. There is a federal estate tax and various state estate taxes. For federal estate taxes, the threshold was $11.7 million in 2021. Any amount over $11.7 million is taxed at a rate of 40%. It means if you inherit a property worth $15 million, you would have to pay $1.32 million in estate taxes ($15 million – $11.7 million = $3.3 million taxable value x 40%).

What is the Process of Filing Estate Taxes?

Filing estate taxes can be complicated, but once you know what’s expected of you, it’s easier to navigate the process. The two primary steps in filing estate taxes are filing the federal estate tax return and paying the taxes owed.

Filing the Federal Estate Tax Return

The first step in filing estate taxes is preparing and filing the federal estate tax return. It’s crucial to file the federal estate tax return as soon as reasonably possible after a loved one’s death, preferably within nine months. If the estate taxes owed aren’t paid within nine months, penalties and interest will start to accrue.

The estate’s personal representative is responsible for filing the federal estate tax return (Form 706). The personal representative is the executor named in the will or the administrator appointed by the court if there is no will. The estate tax return provides the IRS with information about the estate, such as the deceased’s assets, liabilities, and deductions.

The personal representative must file the estate tax return even when no tax is owed if the value of the deceased’s assets exceeds the federal estate tax exemption amount. Failing to file the return can result in unnecessary penalties, interest, or an audit by the IRS.

Paying the Estate Taxes

The next step in filing estate taxes is paying the taxes owed. Once the federal estate tax return has been prepared and filed, the personal representative must pay the estate taxes owed. The IRS requires payment within nine months of the estate’s date of death.

There are several ways to pay estate taxes. One option is to sell assets in the estate to raise the money needed to pay the estate taxes. Another option is to apply for an extension of time to pay the taxes, which the IRS may approve if the personal representative can show that paying the taxes within the nine-month period would create a financial hardship for the estate.

What Happens if Estate Taxes Aren’t Filed or Paid?

Failing to file or pay estate taxes on time can result in various consequences. If the personal representative fails to file the federal estate tax return or pay the taxes owed within the allotted time, the IRS will impose penalties and interest on the estate’s unpaid taxes. Interest accrues from the due date of the estate tax return, and penalties can amount to 5% per month of the estate taxes owed.

If the personal representative fails to file the estate tax return, the IRS could initiate an audit or an investigation into the estate’s assets, deductions, and liabilities. The IRS will then determine the taxes owed and assess penalties and interest.

It’s crucial to remember that the personal representative may be held personally responsible for unpaid estate taxes. If the estate doesn’t have sufficient assets to pay the estate taxes, the personal representative may have to pay the balance owed out of their pocket.

Tips for Filing Estate Taxes

Here are some valuable tips to help you file and pay your estate taxes correctly:

1. Work with a Professional

Working with an attorney, CPA, or tax advisor can help make the estate tax filing process less stressful and complicated. A professional can help you determine the value of the estate, calculate the taxes owed, minimize estate taxes through deductions, and file the estate tax return correctly.

2. Keep Good Records

Keeping accurate records of the estate’s assets, liabilities, and deductions is crucial in filing estate taxes correctly. The personal representative should keep detailed records of all the estate’s financial transactions, including bank statements, invoices, and receipts.

3. Meet all Deadlines

It’s critical to meet all the IRS’s deadlines when filing estate taxes. Failure to do so can result in unnecessary penalties and interest. The personal representative should work with professionals to understand the deadlines and requirements and ensure that the estate taxes are filed on time.

4. Consider Tax Planning

Estate tax planning can help reduce the amount of estate taxes owed. There are several ways to minimize estate taxes, such as gifting assets, setting up trusts, and taking advantage of deductions. A professional can help you explore tax planning options that may benefit the estate.

Conclusion

Filing and paying estate taxes can be a complicated and challenging process, but understanding the process is crucial. Filing the federal estate tax return and paying the taxes owed are the primary steps in the process. Remember to file the return as soon as reasonably possible and pay the estate taxes within nine months.

Failing to file or pay estate taxes on time can result in penalties, interest, or even an audit by the IRS. It’s crucial to work with professionals, keep good records, meet all deadlines, and consider tax planning to reduce the estate taxes owed.

In summary, filing and paying estate taxes may be challenging, but with the right knowledge and assistance, the process can be less stressful, ensuring that the estate taxes are filed correctly and on time.


Taxes on inheritance can be imposed by the Federal and State governments. Generally, the Federal tax is refereed to as an estate tax ,whereas, the state tax is refereed to as an inheritance tax.

Beneficiaries should be sure to consult local laws to ensure that they file and pay their estate tax in a timely manner. In addition, they will want to be sure that they calculate their tax on inheritance at an appropriate percentage, according to local and federal tax laws. The tax on inheritance should only be applied to the value of property after all allowable deductions have be taken. In some cases, beneficiaries may actually be exempt form paying a tax on inheritance.

Estate taxes are imposed on the total value of the estate on the day that the benefactor passes away. For example, if the benefactor owned stocks worth one million dollars on the day of their death, the taxes on inheritance would be on the one million dollars. Taxes on inheritance for one million dollars would apply even if the stock increase or dropped in price drastically the very next day. Whereas, taxes on inheritance of a specific beneficiary, are determined at a percentage of the value of the property they specifically inherited.

Taxes on inheritance are the direct responsibility of the beneficiary, or the person that inherits the property. The beneficiary is responsible for filing the proper paperwork with the federal and applicable state government. Generally, beneficiaries have around nine months to file estate taxes. The forms required for taxes on inheritance and the estate, often require an accurate evaluation on the value of the property on the day that the benefactor passed away. The taxes may sometimes be deferred for about to twelve months after the benefactor passes away but the forms must be filed by the nine month deadline.

In order to pay the appropriate tax on inheritance, it is vital that beneficiaries have an accurate assessment done on the value of the property. The value of inheritance should not be guessed or estimated. There are many professionals that can handle the assessment at a reasonable rate.

It is best to have a professional present in case the IRS contests the value of the estate or inheritance. If a beneficiary deciders to sell the property they would also be subject to a capital gains tax. That tax applies if they sell the property for an amount that is higher than the assessed value of the inheritance.

Filing taxes on inheritance can get rather complicated. The difference in each state’s laws often adds to the confusion experienced because of the legal process associated with inheritance. When an estate tax is imposed by the Federal government, the beneficiary can locate the appropriate forms online. That is usually true in each state as well. However, beneficiaries will find it advantageous to hire a professional to handle tax on inheritance to be sure that they take advantage of all allowable deductions.