ARTICLE
9 December 2010

Senator Baucus's Attempt to Reinstate the Generation Skipping Transfer Tax and the 45% Gift Tax as of December 2 is Defeated

Senator Baucus’s attempt to reinstate the generation skipping transfer tax and the 45% gift tax rate as of December 2, that we reported on last Friday, was defeated in a Senate vote Saturday morning.
United States Tax
To print this article, all you need is to be registered or login on Mondaq.com.

Senator Baucus's attempt to reinstate the generation skipping transfer tax and the 45% gift tax rate as of December 2, that we reported on last Friday, was defeated in a Senate vote Saturday morning.

For clients considering 2010 generation skipping gifts, it may be advantageous to expedite those gifts in order to avoid the risk of a tax law change reinstating the generation skipping transfer tax that is effective as of the "date of introduction" (i.e., the date a bill is introduced in Congress), rather than as of the "date of enactment" (i.e., the date the President signs a new law). Be aware, however, that there is still the risk of retroactive application of a change in the tax law to a date prior to the date of introduction.

For those clients considering 2010 gifts that are not generation skipping gifts, the same considerations apply. However, the risk of being subject only to a higher gift tax rate than the present 35% due to delaying the gifts is not nearly as significant as the risk of being subject to a higher gift tax rate coupled with a generation skipping transfer tax for generation skipping gifts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More