Inheritance Tax: Who Pays & Which States in 2022 - NerdWallet (2024)

MORE LIKE THISTaxesEstate Planning

What is an inheritance tax?

An inheritance tax is a tax that is occasionally levied on assets inherited from someone who died. The person who inherits the assets pays the inheritance tax, and rates can vary based on the size of the inheritance as well as the inheritor's relationship to the deceased.

There is no federal inheritance tax in the U.S., and only six states — Iowa, Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania — actually impose a state-level inheritance tax. In 2021, Iowa passed a bill to begin phasing out its state inheritance tax, eliminating it completely for deaths occurring after January 1, 2025.

Inheritance tax returns and tax bills are typically due within several months of the descendent's death.

Is an inheritance taxable?

Inheritances can be taxable, particularly if they're passed down to you from someone who is not an immediate family member. The deceased’s spouse is typically exempt, meaning money and items that go to them aren't subject to inheritance tax. Children of the deceased are also sometimes exempt.

However, it's worth noting that these taxes are set by the state, so where you live, the specifics of your inheritance and your tax situation can dramatically change your tax bill.

» Inherited an IRA? Learn the rules

How to avoid inheritance tax

There are a few ways to minimize the tax bite on handed-down assets. Getting help from a qualified tax expert can be key, but one common element of estate planning is to give assets away before dying. Many states don’t tax gifts. Keep in mind that gifts don’t have to be cash — stocks, bonds, cars or other assets count, too.

Beneficiaries can only do so much to avoid inheritance taxes once they’ve inherited an estate. However, those leaving the estate can take steps ahead of time to ensure beneficiaries are in the best situation possible. These estate-planning vehicles include living trusts, irrevocable trusts and grantor retained annuity trusts.

Inheritance taxes vs. estate taxes

Inheritance tax and estate tax are two different things. Inheritance tax is what the beneficiary — the person who inherited the wealth — must pay when they receive it. Estate tax is the amount that’s taken out of someone’s estate upon their death based on the value of the estate. One, both or neither could be a factor when someone dies.

There is no federal inheritance tax, but there is a federal estate tax. The federal estate tax generally applies to assets over $12.06 million in 2022 and $12.92 million in 2023, and the estate tax rate ranges from 18% to 40%. Some states also have estate taxes (see the list of states here) and they might have much lower exemption thresholds than the IRS. Assets that spouses inherit generally aren't subject to estate tax.

Because the estate tax and inheritance tax are different, some people can occasionally get hit with a double whammy. Maryland, for example, has an estate tax and an inheritance tax, which means an estate might have to pay the IRS and the state, and then the beneficiaries might have to pay the state again out of what’s left. However, this isn't the norm across the country.

» Planning your estate? Know the difference between wills and trusts

States that have estate taxes, inheritance taxes or both:

  • Federal: $50.95 to $94.95. Free version available for simple tax returns only.

  • State: $39.95 to $54.95.

  • Xpert Assist add-on provides access to tax pro and final review.

Promotion: NerdWallet users get 25% off federal and state filing costs.

  • Federal: $55 to $115. Free version available for simple tax returns only.

  • State: $0 to $49 per state.

  • Online Assist add-on gets you on-demand tax help.

  • Federal: $69 to $129. Free version available for simple returns only; not all taxpayers qualify.

  • State: $0 to $59 per state.

  • Live Assisted gets you access to a tax pro and a final review.

Promotion: NerdWallet users can save up to $15 on TurboTax.

  • Federal: $34.95 to $64.95 Free version available for simple tax returns only.

  • State: $0 to $39.95 per state.

  • On-demand tax help at Premium and Self-Employed tiers.

Promotion: NerdWallet users get 30% off federal filing costs. Use code NERD30.

Watch out for capital gains taxes

If assets appreciate after you inherit them, you might need to pay capital gains tax if you sell the assets.

  • The capital gains tax rate is based on, among other things, the profit you make. For example, if your father leaves you a stock portfolio worth $200,000 on the day he died, and you sell it all for $350,000 two years later, you might owe capital gains tax on the $150,000 gain.

  • Certain types of inheritances might also create taxable income. For example, if you inherit an IRA or 401(k), the distributions you take might be taxable.

  • States might have their own capital gains tax rules, so it's a good idea to seek qualified advice.

  • There are strategies to reduce capital gains taxes that could be a consideration.

Some helpful links from the IRS

Advertisem*nt

APY

4.30%

With $0 min. balance for APY

APY

4.85%

With $5,000 min. balance for APY

APY

4.50%

With $0.01 min. balance for APY

Bonus

$250

Earn up to $250 with direct deposit. Terms apply.

Bonus

N/A

Bonus

N/A

Inheritance Tax: Who Pays & Which States in 2022 - NerdWallet (2024)

FAQs

Which states have inheritance tax 2022? ›

There is no federal inheritance tax in the U.S., and only six states — Iowa, Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania — actually impose a state-level inheritance tax.

Which US state has the best inheritance tax? ›

Massachusetts and Oregon have the lowest exemption levels at $1 million, and Connecticut has the highest exemption level at $9.1 million. Of the six states with inheritance taxes, Nebraska has the highest top rate at 18 percent.

Which states have state inheritance tax? ›

State estate taxes: Top tax rates and exemption thresholds, tax year 2022
  • Connecticut: 12%, $9,100,000.
  • District of Columbia: 16%, $4,000,000.
  • Hawaii: 20%, $5,490,000.
  • Illinois: 16%, $4,254,800.
  • Maine: 12%, $6,010,000.
  • Maryland: 16%, $5,000,000.
  • Massachusetts: 16%, $1,000,000.
  • Minnesota: 16%, $3,000,000.

What states are exempt from inheritance tax? ›

The states with no state estate tax as of mid-2023, are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, ...

How much can you inherit without paying taxes in 2022 usa? ›

How Much Can You Inherit From Your Parents Without Paying Taxes? An estate's tax liability will vary depending on where the estate is located. The IRS threshold for estate values is $12.06 million for 2022, increasing to $12.92 million in 2023. Anything below this amount is not subject to estate taxes.

Do beneficiaries pay taxes on inherited money? ›

Generally, beneficiaries do not pay income tax on money or property that they inherit, but there are exceptions for retirement accounts, life insurance proceeds, and savings bond interest. Money inherited from a 401(k), 403(b), or IRA is taxable if that money was tax deductible when it was contributed.

What's the difference between estate tax and inheritance tax? ›

An estate tax is levied against your estate, or the whole of what you own when you die. It's based on the total value of your cash, investments, property and other assets. An inheritance tax is levied against your beneficiaries, or those who received something from you upon your death.

Where has the lowest inheritance tax? ›

Countries with No Estate Taxes
  • Australia. Australia has had no inheritance tax since 1979 when all of its states joined together to abolish the tax. ...
  • New Zealand. ...
  • Canada. ...
  • Estonia. ...
  • Mexico. ...
  • Hong Kong. ...
  • Macau. ...
  • Singapore.

How can I avoid inheritance tax in USA? ›

8 ways to avoid inheritance tax
  1. Start giving gifts now. ...
  2. Write a will. ...
  3. Use the alternate valuation date. ...
  4. Put everything into a trust. ...
  5. Take out a life insurance policy. ...
  6. Set up a family limited partnership. ...
  7. Move to a state that doesn't have an estate or inheritance tax. ...
  8. Donate to charity.

How much can you inherit from your parents without paying taxes? ›

According to the Internal Revenue Service (IRS), federal estate tax returns are only required for estates with values exceeding $12.06 million in 2022 (rising to $12.92 million in 2023). If the estate passes to the spouse of the deceased person, no estate tax is assessed.318 Taxes for 2022 are paid in 2023.

Do you have to report inheritance money to IRS? ›

Regarding your question, “Is inheritance taxable income?” Generally, no, you usually don't include your inheritance in your taxable income. However, if the inheritance is considered income in respect of a decedent, you'll be subject to some taxes.

How do I get around inheritance tax? ›

How to avoid inheritance tax
  1. Make a will. ...
  2. Make sure you keep below the inheritance tax threshold. ...
  3. Give your assets away. ...
  4. Put assets into a trust. ...
  5. Put assets into a trust and still get the income. ...
  6. Take out life insurance. ...
  7. Make gifts out of excess income. ...
  8. Give away assets that are free from Capital Gains Tax.
Jan 3, 2023

How do I avoid inheritance tax on my parents house? ›

5 Ways to Avoid Paying Taxes on Inherited Property
  1. Sell the Inherited Property as Soon as Possible. ...
  2. Turn the Inherited Home into a Rental Property. ...
  3. Use the Inherited Property as a Primary Residence. ...
  4. 1031 Exchange. ...
  5. Disclaim the Inheritance.

Is it better to gift or inherit money? ›

From this perspective, you should gift as much as you can comfortably afford during your lifetime, while remaining aware of the capital-gain-basis step-up available for inherited assets. So, gift your assets that have minimal gains and save your most appreciated assets for inheritance.

How to avoid paying capital gains tax on inherited property? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

Can my parents give me $100 000? ›

Lifetime Gifting Limits

Each individual has a $11.7 million lifetime exemption ($23.4M combined for married couples) before anyone would owe federal tax on a gift or inheritance. In other words, you could gift your son or daughter $10 million dollars today, and no one would owe any federal gift tax on that amount.

How much money can be legally given to a family member as a gift in 2022? ›

$16,000

How much federal tax do you pay on inherited money? ›

Do you have to pay a federal tax on inheritance? There's no federal inheritance tax so your inheritance amount doesn't have to be reported to the IRS.

Does inheritance count as income for Social Security? ›

Income from working at a job or other source could affect Social Security and SSDI benefits. However, receiving an inheritance won't affect Social Security and SSDI benefits.

Does inheritance count as income for Medicare? ›

Although an inheritance won't affect your Medicare benefits, it could raise your premiums in the short-term. Medicare is a federal health insurance program for people aged 65 or older, some younger people with disabilities, or people with end-stage renal disease (ESRD).

Do you get a 1099 for inheritance? ›

This means that when the beneficiary withdraws those monies from the accounts, the beneficiary will receive a 1099 from the company administering the plan and must report that income on their income tax return (and must pay income taxes on the sum).

How do I report an inheritance to the IRS? ›

Form 8971, along with a copy of every Schedule A, is used to report values to the IRS. One Schedule A is provided to each beneficiary receiving property from an estate. Form 8971 InstructionsPDF. This item is used to assist in filing Form 8971.

Who is responsible for paying taxes for a deceased person? ›

The personal representative of an estate is an executor, administrator, or anyone else in charge of the decedent's property. The personal representative is responsible for filing any final individual income tax return(s) and the estate tax return of the decedent when due.

Is estate tax federal or state? ›

There is a federal estate tax and, in some states, a state estate tax. Inheritance taxes, though, are not levied at the federal level.

What is the maximum gift without tax? ›

You can give up to $16,000 per person (tax year 2022) per year to as many people as you like without those gifts counting against your $12.06 million lifetime gift tax exemption.

What is the highest inheritance tax in the world? ›

The inheritance tax rate globally ranges from 10% to 55%, depending on the value of the inherited item. Japan has the highest inheritance tax rate in the world, at 55%, followed by South Korea (50%), Germany (50%), and France (45%).

Why is estate tax important? ›

The money the estate tax raises helps to fund essential programs, from health care to education to national defense.

What is the best trust to avoid estate tax? ›

Charitable remainder trusts (CRTs) are often used for highly appreciated assets, because they help divert capital gains taxes as well as estate taxes. They may be a good choice for real estate, stocks, mutual funds or other assets that have been in a portfolio for some time.

What is the best way to leave an inheritance? ›

The best ways to leave money to heirs
  1. Will. The first is by having a will. ...
  2. Life insurance. The second way is with life insurance. ...
  3. Estate taxes. Estates that are worth a lot of money can also owe estate taxes. ...
  4. Life insurance trusts.

What taxes does a trust avoid? ›

Trusts can ensure assets are properly distributed according to the grantor's intentions. Trusts also can help to reduce estate and inheritance taxes and avoid probate.

What happens when you inherit a house from your parents? ›

Not only will the inheriting party be responsible for maintaining the home, but they'll also be responsible for its financial upkeep. Paying utility bills, property taxes, and homeowner's insurance will fall on the shoulders of the inheritor, as well as any renovations and updates that may need to be done.

What is the tax limit amount is $16000 per individual? ›

The gift tax limit for 2022 was $16,000. This amount, formally called the gift tax exclusion, is the maximum amount you can give a single person without reporting it to the IRS.

How do I deposit a large cash inheritance? ›

A good place to deposit a large cash inheritance, at least for the short term, would be a federally insured bank or credit union. Your money won't earn much in the way of interest, but as long as you stay under the legal limits, it will be safe until you decide what to do with it.

What happens when you inherit money? ›

Typically, the estate will pay any estate tax owed, with the beneficiaries receiving assets from the estate free of income taxes (see exception for retirement assets in the chart below). As a beneficiary, if you later sell or earn income from inherited assets, there may be income tax consequences.

What is considered a large inheritance? ›

That said, an inheritance of $100,000 or more is generally considered large. This is a considerable sum of money, and receiving such a windfall can be intimidating, especially if you have limited experience managing excess funds.

Does money from family count as income? ›

Nope! Cash gifts aren't considered taxable income for the recipient. That's right—money given to you as a gift doesn't count as income on your taxes. Score!

Can the IRS come after my inheritance? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property.

What assets are free from capital gains tax? ›

Common examples of exempt assets are discussed below.
  • Only or main residence. An individual's only or main residence is usually exempt from capital gains tax, although the situation is more complicated when the individual owns more than one property. ...
  • Cars. ...
  • Chattels.

What is the difference between a trust and a bare trust? ›

They are different to discretionary trusts as, in discretionary trusts, the beneficiaries have no absolute rights to the trust assets, whereas in bare trusts, beneficiaries have absolute rights to the trust assets and the trustee must act in accordance with their instructions.

Can my parents sell me their house for $1? ›

Giving someone a house as a gift — or selling it to them for $1 — is legally equivalent to selling it to them at fair market value. The home is now the property of the giftee and they may do with it as they wish.

What is the best way to leave your home to your kids? ›

Four ways to pass down your family home to your children
  1. Selling your home to your kids. Parents can sell their home to their children, but they need to do so at a fair market value, Sullivan explains. ...
  2. Gifting your property to your kids. ...
  3. Bequeathing your property. ...
  4. Deed transfer.

What states do not have inheritance tax? ›

The states with no state estate tax as of mid-2023, are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, ...

How does the IRS know if you give a gift? ›

The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift.

What is the best age to inherit money? ›

As child turns 40 to 45 years old, giving them their full inheritance can be the better move. It's a simplified estate plan, less costly to manage, and there may no longer be a need for the benefits of a trust that I've mentioned. There are always some exceptions, of course.

Who should get the most inheritance from a deceased? ›

If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.

Do I have to report the sale of inherited property to the IRS? ›

Report the sale on Schedule D (Form 1040), Capital Gains and Losses and on Form 8949, Sales and Other Dispositions of Capital Assets: If you sell the property for more than your basis, you have a taxable gain.

What happens when 3 siblings inherit a house? ›

Unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others' shares, or whether ownership will continue to be shared.

What is the inherited capital gains tax loophole? ›

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

Do I have to pay taxes on a $10 000 inheritance? ›

In California, there is no state-level estate or inheritance tax. If you are a California resident, you do not need to worry about paying an inheritance tax on the money you inherit from a deceased individual. As of 2023, only six states require an inheritance tax on people who inherit money.

Can my mom sell me her house for $1? ›

Giving someone a house as a gift — or selling it to them for $1 — is legally equivalent to selling it to them at fair market value. The home is now the property of the giftee and they may do with it as they wish.

How does IRS know you gifted money? ›

The IRS finds out if you gave a gift when you file a form 709 as is required if you gift over the annual exclusion. If you fail to file this form, the IRS can find out via an audit.

How do you gift a large sum of money to family? ›

Giving cash is the easiest and most straightforward way to accomplish gifting money to family members. You can write a check, wire money, transfer between bank accounts, or even give actual cash. You know exactly how much you are giving, making it easy to stay under the $17,000 annual gift tax exclusion.

How much can you inherit without paying federal taxes? ›

According to the Internal Revenue Service (IRS), federal estate tax returns are only required for estates with values exceeding $12.06 million in 2022 (rising to $12.92 million in 2023). If the estate passes to the spouse of the deceased person, no estate tax is assessed.318 Taxes for 2022 are paid in 2023.

Top Articles
Latest Posts
Article information

Author: Tuan Roob DDS

Last Updated:

Views: 6189

Rating: 4.1 / 5 (62 voted)

Reviews: 93% of readers found this page helpful

Author information

Name: Tuan Roob DDS

Birthday: 1999-11-20

Address: Suite 592 642 Pfannerstill Island, South Keila, LA 74970-3076

Phone: +9617721773649

Job: Marketing Producer

Hobby: Skydiving, Flag Football, Knitting, Running, Lego building, Hunting, Juggling

Introduction: My name is Tuan Roob DDS, I am a friendly, good, energetic, faithful, fantastic, gentle, enchanting person who loves writing and wants to share my knowledge and understanding with you.