ADVANCED MARKETS State Estate Taxes BECAUSE YOU ASKED State estate taxes can vary depending on the state specific laws. The following pages will outline the state specific laws, and will give a historical context that may help explain the ever changing landscape of state estate taxes. Historical Perspective In 2001,the Economic Growth and Tax Reconciliation Act (EGTRRA) was signed into law. This legislation began a phaseout of the federal estate tax, gradually increasing the federal estate tax exemption amount until the oneyear repeal of the federal estate tax in 2010. Due to the phaseout of the estate tax, EGTRRA also reduced (from 2002 2004) and then repealed most state sponge or pickup taxes after 2004. Prior to the enactment of EGTRRA states on the federal estate tax credit for state estate taxes paid, which meant that a state could receive estate tax revenue without increasing the tax burden on its residents estates. To take full advantage of the federal credit, most states charged state estate tax equal to the federal credit for state estate taxes paid. This method of generating estate tax revenue worked for states until EGTRRA was passed. Most states who did not amend their estate tax statutes found themselves without any estate tax revenue by 2005, when EGTTRA repealed the federal credit, replacing it with a federal deduction. The 50 states responded to the repeal of the state estate tax credit in various ways. Many states took action to prevent future estate tax revenue losses by decoupling their estate tax laws from the federal estate tax credit. In total, 15 states and the District of Columbia levy an estate tax separate from the federal estate tax. In addition, several states levy an inheritance tax in conjunction with, or as an alternative to, a state-level estate tax. With the enactment of the American Taxpayer Relief Act of 2012 ( ATRA ), the provisions of EGTRRA and the 2010 Tax Act have been extended permanently, including the federal estate tax deduction for state estate taxes. Consequently, those states whose laws depended on the federal state credit for estate tax revenue will continue to be without any estate tax revenue. For those states that decoupled from the federal estate tax laws or that have separate inheritance tax laws, the enactment of ATRA will have no effect on their estate taxes. Summaries of all 50 state laws are listed on the following pages. The terms estate tax and death tax may be used interchangeably. This information has been updated as of June 2016. However, state laws change frequently and the following information may not reflect recent changes in the law. PAGE 1 OF 7
BECAUSE YOU ASKED Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia (D.C.) Florida Georgia Hawaii Idaho Illinois EFFECT OF EGTRRA ON PICKUP TAX AND SIZE OF GROSS E Arizona permanently repealed its state estate tax. Connecticut has a unified gift and estate tax law that levies a tax against gratuitous transfers and estates exceeding $2 million with rates ranging from 7.2% to 12%. A state Qualified Terminable Interest Property (QTIP) election is permitted. For decedents dying on or after July 1, 2009, the Connecticut tax is due six months after date of death. Delaware imposes a state estate tax on all estates exceeding the federal exemption amount ($5.45 million in 2016); such estate tax rates range between 12%-16%. For estates of decedents dying on or after January 1, 2003, and before January 1, 2016, D.C. statute provides that estate tax is equal to the credit for state death taxes allowed for 2001 and is imposed only on estates exceeding $1 million. For decedents dying on or after January 1, 2016, the exemption amount is $2 million. Come 2018, the exemption is scheduled to equal the federal exemption and will also be increased annually for inflation. No separate QTIP election is permitted. Hawaii imposes a state estate tax on all estates exceeding the federal exemption amount ($5.45 million in 2016) with estate tax rates that range between 10%-15.7%. Hawaii also allows a separate state QTIP Election and recognizes portability. A Hawaii portability election must be filed in addition to any federal election. Hawaii may also impose a generation-skipping transfer tax on qualifying transfers. Illinois imposes an estate tax equal to the state death tax credit allowed as of December 31, 2001. The estate tax in Illinois is only imposed on estates exceeding $4 million for 2013 and beyond. A separate QTIP election is allowed. Indiana Indiana s estate tax is tied to federal state death tax credit, therefore no estate tax. Moreover, as of January 1, 2013, the inheritance tax in Indiana has been repealed. Iowa Iowa has both an estate tax and inheritance tax. Estate tax was tied to federal state death tax credit, therefore no estate tax. The separate inheritance tax has top rates of 10% or 15%, depending on the beneficiary and type of property involved. Kansas The Kansas estate tax has been repealed for decedents dying after 2009. PAGE 2 OF 7
BECAUSE YOU ASKED Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico EFFECT OF EGTRRA ON PICKUP TAX AND SIZE OF GROSS E Kentucky has both an estate and inheritance tax. Estate tax was tied to federal state death tax credit, therefore no estate tax. The separate inheritance tax has a top rate of 16% and recognizes a separate state QTIP election. As of January 1, 2016, Maine imposes an estate tax on all estates that exceed the federal exemption amount ($5.45 million in 2016). Maryland has both an estate tax and inheritance tax. The exemption amount is $1.5 million in 2015, $2 million in 2016, $3 million in 2017, $4 million in 2018, and, for taxpayers dying in 2019 or later, the exemption is tied to the federal estate tax exemption then in effect. Beginning in 2019, the Maryland estate tax exemption will be portable between spouses. A separate state QTIP election is permitted. A separate inheritance tax of 10% is also levied for transfers to certain individuals. Massachusetts imposes an estate tax equal to the pre-egtrra federal state death tax credit on estates exceeding $1 million. A separate state QTIP election is permitted. In 2014, Minnesota once again changed its estate tax law. This new law retroactively repeals the gift tax law enacted in 2013 (i.e. no gift tax will be due, even for gifts made during the time the law was in effect) and increases the estate tax exemption, which previously was set at $1 million. Under the new law, the exemption amount is $1.4 million in 2015, $1.6 million in 2016, $1.8 million in 2017, and will top out at $2 million in 2018 and thereafter. The estate tax rates imposed are between 9% and 16%. Taxable gifts made within 3 years of death will also be included in the decedent s gross estate for the estate tax calculation. The new law also allows for a state specific QTIP election. Nebraska s estate and generation-skipping transfer tax was repealed in 2007. A separate inheritance tax is levied (at the county level), with a top rate of 1%, 13% or 18%, depending on the type of property involved. New Jersey has both an estate tax and inheritance tax. The estate tax is imposed only on estates exceeding $675,000. The tax imposed is equal to either the maximum state death tax credit allowed as of December 31, 2001 or an amount determined under the Simplified Tax System prescribed by the Division of Taxation. 1 A separate QTIP election allowed only to the extent permitted to reduce federal estate taxes. A separate inheritance tax is also levied, with a top rate of 16%, depending on the beneficiary and type of property involved. PAGE 3 OF 7
BECAUSE YOU ASKED New York EFFECT OF EGTRRA ON PICKUP TAX AND SIZE OF GROSS E On April 1, 2014, New York estate tax law was amended to provide a higher exemption amount and new tax rate schedule. Previous law imposed an estate tax on estates exceeding $1 million equal to the state death tax credit that was in effect as of July 1998. Under this new law, the exemption amounts are as follows: For April 1, 2015 March 31, 2016 $3,125,000 For April 1, 2016 March 31, 2017 $4,187,500 For April 1, 2017 December 31, 2019 $5,250,000 After January 1, 2019 Same as the federal exemption (projected to be $5.9 million in 2019) The new law requires a phaseout of the exemption if the taxable NY estate exceeds 100% of the NY exemption amount, with a complete phaseout for estates exceeding 105% of the exemption. The tax rate ranges between 6.5% and 16% for estates exceeding the exemption. The new law also includes gifts made within three years of death. New York law permits a separate QTIP election if the value of the gross estate is too low to require a federal return. If a federal return is required, a NY QTIP election is allowed only if a similar election is made on the federal return. North Carolina North Dakota As of July 1, 2013, North Carolina s estate tax was repealed. Ohio Ohio has eliminated its estate tax for deaths occurring on or after January 1, 2013. For deaths prior to 2013, Ohio applied an estate tax on estates exceeding $338,333, with a top estate tax rate of 7%. Oklahoma The Oklahoma estate tax has been repealed for decedents dying after 2009. Oregon Pennsylvania As of January 1, 2012, Oregon imposes an estate tax on all estates exceeding $1 million with rates ranging from 10% to 16%. A separate QTIP election for state purposes is permitted. Pennsylvania has both an estate tax and inheritance tax. The estate tax was tied to federal state death tax credit, therefore no estate tax. Pennsylvania recognizes a state QTIP election. A separate inheritance tax is imposed with top rates of 4.5%, 12% or 15%, depending on the beneficiary and the type of transfer involved. Rhode Island Due to legislation enacted in 2014, Rhode Island s estate tax exemption as of January 1, 2015 and beyond is $1.5 million (indexed for inflation). For 2016, the exemption remains at $1.5 million with tax rates that range from 5.6% to 16%. A state QTIP election is permitted. South Carolina South Dakota Tennessee Tennessee had both an estate tax and inheritance tax. The estate tax was tied to federal state death tax credit, therefore no estate tax. A separate inheritance tax levied a top rate of 9.5% and a $5 million exemption (for 2015). As of January 1, 2016, the inheritance tax has been completely eliminated. PAGE 4 OF 7
BECAUSE YOU ASKED Texas Utah Vermont EFFECT OF EGTRRA ON PICKUP TAX AND SIZE OF GROSS E Tax is imposed on estates exceeding $2,750,000. The amount of tax due is determined by comparing a hypothetical federal estate tax calculation with an exemption of $2,750,000 to the state death tax credit in effect back in January 1, 2001, and taking the lesser amount. No separate state QTIP election permitted. Virginia The state estate tax has been repealed for decedent s dying after July 1, 2007. Washington West Virginia Wisconsin Wyoming A stand-alone state estate tax with rates ranging from 10% to 20% and a $2 million exemption (indexed for inflation: $2,054,000 in 2015 and $2,078,000 in 2016. A separate state QTIP election is permitted. As of January 1, 2008, the tax is tied to the federal state death tax credit, therefore no estate tax. PAGE 5 OF 7
BECAUSE YOU ASKED QUICK SUMMARY CHART State with Full Estate Tax Repeal Arizona Nebraska Virginia North Carolina Kansas Oklahoma Ohio Decoupled States Connecticut Hawaii Maryland New Jersey Rhode Island Delaware Illinois Massachusetts New York Vermont D.C. Maine Minnesota Oregon Washington States Relying on Federal Credit (i.e. estate tax no longer imposed at state level) Alabama Florida Kentucky Montana Pennsylvania Utah Alaska Georgia Louisiana Nevada South Carolina West Virginia Arkansas Idaho Michigan New Hampshire South Dakota Wisconsin California Indiana Mississippi New Mexico Tennessee Wyoming Colorado Iowa Missouri North Dakota Texas States with Inheritance Tax Iowa Kentucky Nebraska Maryland New Jersey Pennsylvania DECOUPLED S EXEMPTION CHART State 2014 Exemption 2015 Exemption 2016 Exemption Connecticut $2 million $2 million $2 million Delaware $5.34 million $5.43 million $5.45 million D.C. $1 million $1 million $2 million Hawaii $5.34 million $5.43 million $5.45 million Illinois $4 million $4 million $4 million Maine $2 million $2 million $5.45 million Maryland $1 million $1 million $2 million Massachusetts $1 million $1 million $1 million Minnesota $1 million $1.4 million $1.6 million New Jersey $675,000 $675,000 $675,000 New York $1 million (until March 31); $2,062,500 (after March 31) $2,062,500 (until March 31); $3,125,000 (after March 31) Oregon $1 million $1 million $1 million Rhode Island $921,655 $1.5 million $1.5 million Vermont $2.75 million $2.75 million $2.75 million Washington $2,012,000 $2,054,000 $2,078,000 $3,125,000 (until March 31); $4,187,500 (after March 31) PAGE 6 OF 7
BECAUSE YOU ASKED States Imposing Estate and Inheritance Tax WA ME OR MN NY VT MA NE IA IL IN KY PA NJ DE MD DC RI CT HI States that have an estate tax States that have an inheritance tax States that have an estate and inheritance tax 1. The Simplified Tax System may only be used in those situations where a federal estate tax return has not and will not be filed nor is a tax return required to be filed with the IRS. For Financial Professional Use Only. Not intended for use with the General Public. This material does not constitute tax, legal or accounting advice, and neither John Hancock nor any of its agents, employees or registered representatives are in the business of offering such advice. It cannot be used by any taxpayer for the purpose of avoiding any IRS penalty. It was written to support the marketing of the transactions or topics it addresses. Comments on taxation are based on John Hancock s understanding of current tax law, which is subject to change. Anyone interested in these transactions or topics should seek advice based on his or her particular circumstances from independent professional advisors. Insurance products are issued by John Hancock Life Insurance Company (U.S.A.), Boston, MA 02110 (not licensed in New York) and John Hancock Life Insurance Company of New York, INSURANCE PRODUCTS Valhalla, NY 10595. Not FDIC Insured Not Bank Guaranteed May Lose Value 2016 John Hancock. All rights reserved. LIFE-5106 4/16 MLINY011216048 Not a Deposit Not Insured by Any Government Agency PAGE 7 OF 7