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Originally Posted by The Brandon Five
1. You have been making the argument that one should only be able to leave enough to sustain one's spouse and children. How much is enough? Who decides what that figure is? How much per child? Does it depend on their ages?
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Here is where bulletin board flaming gives way to policy ideas.
I've already said here that there is a principle at work -- that a "level playing field" would mean the same start for everybody (and it would be a grim one, unless of course we allow that by some state mechanism each start would be brought up to some floor level that averaged out the wealth.)
But we really don't want a level playing field. And that "mechanism" may be rife for abuse. Fortunately for us - per your question above - we have the option of some middle mechanism.
I'm uncomfortable with utopian absolutist theories. Luckily there's also a real world at work, and in the real world, you don't create a level playing field. In the U.S., as it happens, we are very far from one. So making progress against the debts of the country is possible without creating anything like the level playing field.
So the question, regarding eliminating inheritance, is what's the exemption, and who decides it.
My choice would be that like other tax law, it be voted on by the elected representatives of the people. In other words, just as the estate tax was voted out of fashion in a previous era, the nuts-and-bolts decision would be to vote it back into fashion.
As to what agency would collect the inheritance tax, I see no reason to create a new bureaucracy -- would you favor one? I think the IRS is the natural administrative organ for it.
Prior to the estate tax going away in 2010, the exemption was $3.5 million. In the '76 it was $60K; In '86 it was 500K; George II's tax cuts doubled the exemption to $1M, then it rose to $3.5M by 2010, followed by the elimination of the tax.
So how much is enough/too much? It seems that historically we have answered that not by what each minor child and spouse
needed or even
wanted, but by what buttons we could push. After all, from '76 to today the equivalent purchasing power of $60K did not grow to $3.5M, a factor of nearly 600. I mean, inflation's bad but not that bad.
In addition, the tax was a marginal rate phase-in.
In other words we ask the question "how much is enough," answer the question (currently) "only an infinite amount," or previously, "3.5 million," and then allow for relatively low levels of taxation at the $3.5 million mark.
It's worth noting, however, that this is one of the cuts for the wealthy where the previous rates will apply upon reversion (i.e., the graduated rate starts at 500K.)
So one real-world answer is that graduated taxation of an estate would begin at $500K, if we let it. I would be in favor of that.
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2. What about transfers while alive? You thought of the whole Medicaid scam (we are in agreement on that one). I was thinking more conceptually about the meaning of transferring an asset to a relative. If someone sets up a $100,000 UTMA account for their grandchild for the purposes of funding their future education (tuition is only going to continue to go up--gotta fund those $200-$600k salaries for professors at UMass) $87,000 of that counts as a taxable gift (in terms of gift/estate tax) against the lifetime exclusion (set at $5 million for the next two years, but bound to be reduced). This is not a transfer after death. It is a gift given while alive. You object to transfers after death (over a certain amount). Do you then favor eliminating the annual gift tax exclusion so that people may give as much money as they want as a gift to their families while alive?
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No, of course not.
I don't know the nuances of UTMAs, UGMAs, Coverdell ESAs, and the like. I do know that trust funds are predicated on giving you a "kiddie rate" to advantage a child, while providing for a shelter for the adult.
I presume you mean eliminating the
cap on the gift exclusion, not eliminating the gift exclusion, right? In other words, effectively, you are asking if I favor making gifts tax-free to counteract tax on inheritance.
It would seem that if you do not raise the amount they transfer while alive, and do not reduce the amount they transfer while alive, yet do affect the amount they can transfer after death, you have at least begun the process.
Since I am so bad at teasing out the nuances of trust fund law, let's leave it alone
for the moment. I'm not going to research a deeper level of granularity right now, but am willing to go down that path as the argument develops.
At the top-line, property-rights level - I'd say Locke's "good and sufficient for others" clause really pertains directly in terms of a debt situation, where the common welfare is being maintained on borrowed funds.
At the top-line, public policy level - I'd say look deeper into the use of each specific kind of gift transfer (UGMA, UTMA, various college funds, etc.) for unintended consequences.
Two questions arise:
1) what would be the real-world effect of cheap tax transfers to minors getting more expensive, and
2) over on the ideological side, what's the rights argument for and against the taxation of such gifts.
You asked if I'd effectively tax-advantage a greater part of a wealth-perpetuation tactic while the earner is still alive.
My answer is no.
I tend to think I would also remove some existing advantages/inventives to passing wealth to the next generation, but have to think about that more before writing another Patsfans white paper on it.
PFnV