
The government imposes a “gift tax” at a rate up to 45%, depending upon the amount gifted, on transfers made by a donor during their lifetime above the annual gift exclusion. In 2008 individuals have an annual gift exclusion (“Annual Exclusion”) of $12,000 per year to as many individuals as they want without tax consequences. Gifts of greater than $12,000 per year give rise to gift tax consequences.
You may give away cash, stocks, bonds, real estate or business interest. Certain gifts require valuations. If an individual does not use his or her lifetime gift amount of $1,000,000 it will be available when he or she passes away. If an individual does use his or her lifetime gift exclusion it will reduce the amount that he or she can transfer upon death. Every U.S. citizen that dies may transfer up to a maximum of $2,000,000 in 2008. There are numerous ways to leverage the Annual Exclusion as well as the lifetime exclusion so that your loved ones receive an amount greater than that which you gifted to them. Some of the techniques our clients use to accomplish this include, but are not limited to the formation of certain entities such as ILIT’s, LLC’s and FLP’s to maximize their gifts.