Obama tax official offers some support
for dual estate tax application in 2010

September 13, 2010

In advance of Congress' return this week and the upcoming tax cuts smackdown, another Obama Administration official took to the airwaves this past weekend and actually provided a little bit of new info.


Michael Mundaca_Treasury Assistant Treasury Secretary for Tax Policy Michael Mundaca, appearing on C-SPAN's Newsmakers program Sunday, said that giving taxpayers an option to pick which year's estate law, 2009 or 2010, they want to apply is "one possibility."

The federal estate tax, as everyone knows by now, died  this year.

It's scheduled to return on Jan. 1, 2011, but in a much less favorable form (with only $1 million in estates exempted; a 55 percent tax rate) than applied in 2009 when the law was last on the books. That year, the exclusion amount was $3.5 million and there was a 45 percent tax on estates worth more than that.

Congress has been circling a possible estate tax fix for more than a year, but nothing has happened.

Gone is not good for all: For some estates, the lack of an estate tax is a fantastic deal. Just ask the families of the dearly departed uberwealthy Dan Duncan and George Steinbrenner.

But heirs of smaller estates, which Mundaca said is 99 percent of them, might not benefit as much. The big problem is that the step-up in inherited property basis also went away when the estate tax disappeared.

So, said Mundaca, offering the choice to apply the 2009 estate law to their 2010 taxes is "one of the options" being considered by the Administration as a way to lessen the estate tax burden on certain taxpayers.

Of course, time is slipping away and there are administrative issues to work out. And just because Obama likes the idea won't make it so. Just ask the GOP.

But a dual estate tax idea has been kicked around for a while. I blogged back in May about support for allowing a two-tiered estate tax system this tax year. Having presidential support might help make it so.

Although this would add another level of complexity, many believe it would be preferable to offer the choice rather than trying to make any law retroactive.

As for 2011, Mundaca reiterated the Administration's support for an estate tax at 2009 levels.

Mundaca on more than estate taxes: Other issues the Treasury official addressed included the expiring Bush tax cuts (move along, people; no new news here), some specifics on possible dividend rate hikes (keeping the increase to 20 percent, not 40 percent as is possible) the AMT ("it's time to take this head-on" instead of temporary annual fixes), tax code simplification and/or tax system overhaul and the growing Congressional support for repeal of the new Form 1099 reporting requirement.

As for the Form 1099 issue, the White House is seeking to preserve a system that keeps the value of tracking income but is not overly onerous, said Mundaca. Does that offer enough wiggle room for everyone? Didn't think so.

Mundaca's remarks on the Form 1099 reporting rule start at at 16:30 of the half-hour interview. The estate tax discussion begins at around 18:30 and is revisited at 23:10 of the program. Put on your headphones and enjoy!

Related posts:

Want to tell your friends about
this blog post? Click the Tweet This or
Digg
This
buttons below or use the Share
This
icon to spread the word via e-mail,
Facebook and other popular applications. Thanks!

Share:

The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

Latest Posts
The latest Dirty Dozen tax scam list is familiar because too many are still falling for the schemes

March 5, 2026

Tax filing season is also peak time for tax scams. Be on the lookout for…

Read More
Hello Tax Season 2026

Happy New Tax Year! Are you ready to file your 2025 tax return? I know, too early to ask. But Tax Day 2026 will be here before we realize it. The Internal Revenue Service deadline to file and pay any tax we owe is the regular April 15 date this year. It’s also Tax Day for most of the states that collect income taxes from their residents, which is most of the states! If that seems too far away right now, don’t worry. As is the case every tax season, the ol’ blog’s tips and other tax reminders should help all of us meet our state and federal responsibilities. Procrastinators also will want to keep an eye on the countdown clock just below. It tracks how much time we have until April’s Tax Day, just in case we put off our annual tax task until the absolutely final hours and decide we need to instead get an extension request into the IRS by that date. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Optional Estate Tax for 2010?

    The Wall Street Journal is reporting that the Obama administration and Congress are toying with allowing taxpayers to choose between…

Leave your comment