The estate tax has always been contentious—but now the debate has taken on new life. Because of Senate inaction, the estate tax lapsed at the end of last year. While there's no estate tax this year, heirs of those dying in 2010 may owe full capital-gains tax on sales of inherited property and may actually face a bigger tax bill than they would have if they had inherited in 2009.
Many believe Congress will tackle the estate-tax question in the weeks before it adjourns, along with a slew of other tax matters. What's likely to happen? Many think lawmakers will return the estate tax to its 2009 level—a $3.5 million exemption per individual and a top rate of 45%—and possibly raise the exemption. Heirs of those who die in 2010 may also get the choice of using 2009 rules. If lawmakers don't step in, the tax will return in 2011 with a $1 million exemption per individual and top rate of 55%.
So in the meantime, the debate rages on. And a huge amount of money hangs in the balance.
