H.R. 436 would amend the Internal Revenue Code of 1986 to repeal the new carryover basis rules in order to prevent tax increases and the imposition of compliance burdens on many more estates than would benefit from repeal, to retain the estate tax with a $3,500,000 exemption.
Detailed Summary
Certain Estate Tax Relief Act of 2009 - Restores the tax on estates and generation-skipping transfers and the step-up in basis provisions for property acquired from a decedent, previously repealed by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Declares that the sunset provision (general terminating date of December 10, 2010) of EGTRRA shall not apply to title V of such Act ( Estate, Gift, and Generation-Skipping Transfer Tax Provisions).
Amends the Internal Revenue Code to: (1) provide for an increase to $3.5 million of the estate tax exclusion (eliminating the phase-in period); (2) impose a maximum estate tax rate of 45% ; (3) restore the phaseout of graduated estate tax rates and the unified credit against the estate tax; (4) set forth estate valuation rules for certain transfers of nonbusiness assets; and (5) limit estate tax discounts for certain individuals with minority interests in a business acquired from a decedent.
Status of the Legislation
Latest Major Action: 1/9/2009: Referred to House committee. Status: Referred to the House Committee on Ways and Means.
Points in Favor
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Points Against
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Visitor Comments
Emily
February 16, 2009, 4:25pm (report abuse)This have a negative impact on all family owned businesses
Don Parker
April 10, 2009, 8:09pm (report abuse)This bill will subject those to the death tax that have not previously been affected. It will also decimate charitable gifting and family businesses.
DFult
April 20, 2009, 4:01pm (report abuse)Robert Greenstein, executive director of the Center on Budget and Policy Priorities: "The real beneficiaries [of estates] are indeed the same kind of people getting the bonuses on Wall Street." This is offensive and ridiculous. It is not fair or appropriate to stereotype anyone, even the fortunate.
Winston
October 26, 2009, 11:07am (report abuse)This bill is, as usual, misleadingly named to imply reform when it is actually a significant tax increase. The government has demonstrated its ineptitude in handling the taxpayer's money and does not need more tax on those assets already taxed through out the citizen's life.