Taxes on inheritance and how to avoid them (2024)

The process of planning an inheritance can be an emotional one. You’re likely looking back and seeing how far you’ve come by reflecting on the legacy that you’ve built. Naturally, you’ll want to figure out the best possible way to pass on your inheritance to loved ones. This is cause for proper estate planning, which includes understanding the different tax implications.

In this guide, we’ll explain the different types that could potentially affect your inheritance, as well as strategies to avoid them.

  • What is Inheritance Tax?
  • The 3 main types of Inheritance Taxes
  • 4 ways to protect your inheritance fromtaxes

What is inheritance tax?

Inheritance tax is a type of tax that is levied by select state governments. The Internal Revenue Service (IRS) doesn’t impose an inheritance tax, so you don’t have to worry about it on the federal level.

Inheritance tax comes into play when an individual inherits an estate from a deceased person. Is inheritance taxable? Whether or not they are subject to the inheritance tax depends on the state the person lives in, their relationship with the deceased, and the value of the inheritance.

To clarify, inheritance tax isn’t the only type of tax that can affect your inheritance. There are other types of taxes that can be levied, at both the federal and state levels. In the next section, we’ll go over the three types of taxes you need to look out for, and how each of them works.

The 3 main types of inheritance taxes

When someone talks about inheritance taxes (with the infamous nickname “death taxes”), what they’re really referring to is the grouping of different taxes that can affect an inheritance. There is an inheritance tax specifically, but it’s just one of the different taxes that are assessed by the IRS and state governments.

What’s even more confusing is that some taxes are imposed at the federal level, while others are not. To add to the confusion, only a few state governments levy these taxes.

Clear as mud? We thought so. Don’t worry because we’re here to break down the 3 main types of inheritance taxes so that you can walk away feeling confident:

  • Inheritance Tax
  • Capital Gains Tax
  • Estate Tax

1. Inheritance Tax

Explained earlier, theinheritance taxis levied when an individual receives an inheritance. We can think of this one as the literal inheritance tax. There is no federal inheritance tax, and is only assessed by the following six states only:

  • Iowa
  • Kentucky
  • Maryland
  • Nebraska
  • New Jersey
  • Pennsylvania

Inheritance taxes are only imposed on any amount exceeding the threshold defined by each state. This means that even if you live in one of the above states, you still might not be subject to the tax if you’re under the threshold. You might also be exempt based on your relationship with the deceased; immediate family members are often spared.

We recommend visiting your state’s tax board website to research the tax exemption amount, exempt persons, and the tax rate. Note that the tax rate is often a sliding scale, roughly between 5% and 15%, based on how much the inheritance exceeds the exemption amount.

2. Capital Gains Tax

Capital gains taxis levied by the federal government and state governments. These taxes are assessed when you sell an inherited asset.

Luckily, capital gains taxes are more forgiving than income taxes. This is in part because they’re only assessed on the profit you made off the “stepped-up in basis” value.

We’ll use an example to help explain.

Let’s say that you inherited a house from your grandmother. She originally purchased it for $50,000, but it was worth $100,000 at the time of her death. $100,000 is the stepped-up in basis value. A few years later, you sell the house for $125,000. Luckily, you’re only subject to capital gains tax on the $25,000 you made off the stepped-up in basis amount, instead of the original purchase price of the home.

The average state-level capital gains tax rate is around 29% unless you’re one of the lucky few who live in a state with no income taxes. The federal capital gains tax is on a sliding scale based on your income bracket. TheTax Foundationoffers a graphic showing the combined federal and state capital gains tax rate for each state.

3. Estate Tax

Whether or not anyestate taxesare due depends on the size of the estate.

According to theIRS, the federal estate tax threshold for 2023 is $12,920,000.1 An estate only owes taxes if its fair market value exceeds this threshold.

Fortunately, this high number means that most estates won’t owe any estate taxes at the federal level. However, if you do exceed this threshold, then you’ll be facing a tax rate of 40%.

Note here that we’ve carefully used wording implying that it’s the estate that owes the tax, and not the individual who inherits the estate. That’s because estate taxes are levied upon the decedent’s passing and are to be paid before any distributions are made. The appointed trustee of the estate is responsible for paying taxes out of the estate.

You may be facing a double whammy if you live in one of the following states that also impose an estate tax:

  • Connecticut
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington
  • Washington DC

The threshold for these states ranges anywhere between $1 million and $7.1 million, so be sure to check your local threshold and rate.

5. Common inherited assets

It’s also helpful to understand what types of assets are commonly included in an inheritance, and what kind of tax they might be subject to.

In general, inherited assets belong to the following categories:

  • Stocks and Cash
  • Retirement Accounts
  • Real Estate
  • Art and other Collectibles
  • Life Insurance Policies

Although you generally won’t owe any income tax when you inherit cash, you may be liable if you receive cash payments that would have been taxable for the decedent. Examples include salary payments, bonuses, or IOU payments that are made after their death. In addition, you’ll be liable for any capital gains tax from income made off of stocks and securities.

IRAs and 401ks are just two examples of retirement accounts, which tend to be income tax sensitive. Any distributions from retirement accounts will be taxable as income. We explain how to help minimize distributions a bit later.

Real estate can be subject to both capital gains tax and income tax, but only in certain circ*mstances. If you decide to sell an inherited property, then you’ll be subject to capital gains tax.

Explained earlier on, you’ll only be taxed on any profit made using the stepped-up in basis value of the property. Arts and collectibles work very much in the same manner. You would only be liable to income tax if you decide to rent out inherited property, although you can write off your taxes as a business expense.

Life insurance policies are well-loved from a tax perspective. That’s because proceeds from alife insurance policyare not taxable. That means that the beneficiary doesn’t have to pay any income tax on them. However, if they elect to take installments rather than a lump sum, then they may be taxed on any interest that is earned on the account balance.

4 ways to protect your inheritance from taxes

You just learned that your inheritance might be exposed to not just one, butthreedifferent types of taxes. On top of that, some of them are taxed at both the state and federal level. Because of this, perhaps you’re interested in finding out ways you can protect your inheritance as much as possible. After all, you don’t want your hard-earned legacy to be eaten up by taxes.

Here are 4 ways to protect your inheritance from taxes:

1. See if the alternate valuation date will help

For tax purposes, the estates are evaluated based on their fair market value at the time of the decedent’s death. However, you also have the option of selecting the alternate valuation date, which is 6 months after the decedent’s death. This option becomes available in the case that the estate valuation will be less, thus helping lower the gross value and tax liability. Any property sold within this 6-month period is valued on the date of the sale instead of the date of death.

2. Transfer your assets into a trust

If you are planning on creating an inheritance, consider placing your estate into a trust. A trust is an estate planning document that works in tandem with a last will and testament. You transfer your assets into the ownership of a trust, which is not considered an individual.

One of the main benefits of a trust is being able to pass on assets to your beneficiary without going through probate. This helps protect your privacy and shelter you from expensive fees. Further, irrevocable trusts can protect your estate from estate and income taxes.

3. Minimize IRA distributions

Retirement accounts are one of the most common types of assets that are included in an inheritance. Distributions from IRAs are taxable, except for Roth IRAs. A spouse can typically spread the distributions over his or her lifetime. However, most other beneficiarieshave 10 years to distribute the account.

One way to minimize IRA taxes is a Roth conversion. A financial professional can provide an analysis whether this is a viable option for you.

4. Make charitable gifts

This might seem counterintuitive at first but making sizeable gifts and donations can help lower your overall tax liability. You’ll also feel good by giving to those in need. In 2023 you can give gifts in the amount of $17,000 without being subject to gift taxes.2 This means that you could also opt to make small gifts to each of your beneficiaries each year before you pass away, thus helping lower your overall taxable amount.

Next steps for you

As this guide demonstrates, you might get lucky and get away with little to no taxes. On the other hand, if you have a large estate, then you might owe quite a lot. Understanding tax implications is an important aspect of inheritance and estate planning. One of the most popular strategies for protecting your assets from taxes is to place them into a trust.

  1. If you’re interested in setting up a trust in tandem with your will,Trust & Willoffers informative estate planning guides to help you find the right option.
  2. To invest with your loved ones in mind, consider using Empower’s wealth management services.
Taxes on inheritance and how to avoid them (2024)

FAQs

How do I avoid paying taxes on inherited money? ›

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.

What is the most you can inherit 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 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.

Why do I have to pay taxes on my inheritance? ›

Inheritances aren't considered income for federal tax purposes, but subsequent earnings on the inherited assets, including interest income and dividends, are taxable (unless it comes from a tax-free source).

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.

Do I need to report inheritance money to IRS? ›

Is inheritance taxable income? 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.

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.

What states have no 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 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.

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.

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).

Which states have inheritance tax? ›

States that currently impose an inheritance tax include:
  • Iowa (but Iowa is in the process of phasing out its inheritance tax, which was repealed in 2021; for deaths in 2021-2024, some inheritors will still have to pay a reduced inheritance tax)
  • Kentucky.
  • Maryland.
  • Nebraska.
  • New Jersey.
  • Pennsylvania.

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.

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.

Is a $25 000 inheritance taxable? ›

You would pay an inheritance tax of 11% on $25,000 ($50,000 - $25,000) when it passes to you. Each state is different and taxes can change at the drop of a hat, so it's a good idea to check tax laws in your state, or better yet, talk to a tax pro!

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.

Can my parents give me $30000? ›

The IRS calls this amount the annual gift tax exclusion. If a married couple makes a gift from joint property, they can each gift up to the annual exclusion. This means Mom and Dad could give you $32,000 in 2022 (or $34,000 in 2023) without worrying about paying any gift tax.

Can my parents give me $50000? ›

If they give you or any other individual more than $34,000 in 2023 ($17,000 per parent), they will need to file some paperwork. They generally won't pay any out-of-pocket gift tax unless the gifts for the year exceeded their lifetime gift tax exclusion.

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.

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.

What are the IRS rules on inheritance tax? ›

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%.

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.

Is $50 000 inheritance taxable? ›

Note that inheritances are not considered income by the IRS, so you won't have to pay taxes on the money you inherit. However, any interest or capital gains on investments you make with the funds could be subject to taxes.

Do I need to declare inheritance? ›

No, you do not need to declare it, however, if the inheritance generated income, such as interest or dividends, then they would be subject to tax. Thank you. Thank you.

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

Estate and inheritance taxes are taxes levied on the transfer of property at death. An estate tax is levied on the estate of the deceased while an inheritance tax is levied on the heirs of the deceased.

Is inheritance tax federal or state? ›

An inheritance tax is a state tax that you pay when you receive money or property from the estate of a deceased person. Unlike the federal estate tax, the beneficiary of the property is responsible for paying the tax, not the estate. As of 2023, only six states impose an inheritance tax.

Which state has the highest inheritance tax? ›

Of the six states with inheritance taxes, Nebraska has the highest top rate at 18 percent. Maryland—which also has an estate tax—imposes the lowest top rate at 10 percent. All six states exempt spouses, and some fully or partially exempt immediate relatives.

Can I deposit a large inheritance check into my bank account? ›

Bottom Line. You can deposit a large cash inheritance in a savings account, either through a check or direct wire to your bank.

How to deposit large amounts of cash without raising suspicion? ›

As mentioned, you can deposit large amounts of cash without raising suspicion as long as you have nothing to hide. The teller will take down your identification details and will use this information to file a Currency Transaction Report that will be sent to the IRS.

What happens if you inherit a large sum of money? ›

Your first action to take when receiving a lump sum is to deposit the money into an FDIC-insured bank account. This will allow for safekeeping while you consider how to make the best use of your inheritance. The maximum coverage for each FDIC-insured account is $250,000.

How much money can you have in the bank if you get Social Security? ›

SSA limits the value of resources you own to no more than $2,000. The resource limit for a couple is only slightly more at $3,000. Resources are any assets that can be converted into cash, including bank accounts. However, some assets you own may not affect eligibility for the program.

What happens if you inherit money while on Medicare? ›

Medicare eligibility is based on age, illness and/or disability status rather than income. Inheriting money or receiving any other windfall, such as a lottery payout, does not bar you in any way from receiving Medicare benefits.

What happens to my mother's Social Security when she dies? ›

family gets all the benefits they're entitled to.

—If they were living apart from the deceased and eligible for certain Social Security benefits on the deceased's record. —If there's no surviving spouse, a child who's eligible for benefits on the deceased's record in the month of death can receive this payment.

How do I report inheritance income 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 pays capital gains taxes when there are multiple heirs? ›

Generally, the capital gains pass through to the heirs. The estate reports the gain on the estate income tax return, but then takes a deduction for the amount of the gain distributed to the heirs since this usually happens during the same tax year.

How do you avoid taxes on an inherited annuity? ›

How to Avoid Paying Taxes on an Inherited Annuity
  1. Surviving Spouse: Exercising your option to continue receiving payments as usual if you're a surviving spouse is one way to maintain the tax-deferred status of an inherited annuity. ...
  2. 1035 Exchange: In this method, you exchange the annuity you inherit for another annuity.
Apr 19, 2023

How do I not pay taxes on an inheritance? ›

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 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.

Do you pay taxes on life insurance? ›

Life insurance payouts generally aren't subject to income taxes or estate taxes.

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.

How much does the average American inherit? ›

The Federal Reserve's 2019 Survey of Consumer Finances (SCF) found that the average inheritance in the U.S. is $110,050.

What is the most common inheritance amount? ›

Fears of a too-big inheritance are, overall, likely quite rare, given that most inheritances in the U.S. are not extravagant. Data from the Federal Reserve shows that about 85 percent of inheritances are smaller than $250,000, and the majority of those are $50,000 or less.

What is the best trust to avoid taxes? ›

The IDT is an irrevocable trust that has been designed so that any assets or funds that are put into the trust are not taxable to the grantor for gift, estate, generation-skipping transfer tax or trust purposes.

How can I leave money to my daughter but not her husband? ›

Set up a trust

One of the easiest ways to shield your assets is to pass them to your child through a trust. The trust can be created today if you want to give money to your child now, or it can be created in your will and go into effect after you are gone.

Do you have to report inheritance money to Social Security? ›

If you are the beneficiary of an inheritance, you are required by federal law to report it to the Social Security Administration, even if you choose not to accept the inheritance.

Do I have to report beneficiary money? ›

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.

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

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%.

What to do if you inherit $50,000? ›

Some choices include creating an emergency fund, paying off high-cost debt, building up retirement savings, saving for kids' educations and buying personal luxuries. While you won't owe taxes on inheritance, earnings from the funds are subject to income taxes.

Do you have to tell Social Security about inheritance? ›

Because an inheritance is considered a change in resources , it's required that people receiving SSI benefits have to report inheritance to the Social Security Administration (SSA)—and they must do so no later than the first 10 days of the month that follows the month that they received the inheritance.

Does Medicare affect inheritance? ›

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).

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