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Does Tennessee Have an Estate Tax?

Nashville Blog 2016 July Does Tennessee Have an Estate Tax?
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Does Tennessee Have an Estate Tax?

Posted By David Whittaker, Attorney at Law || 14-Jul-2016

If you are preparing to create an estate plan, or if you are an executor of a Tennessee estate, you will be interested in knowing whether Tennessee has an estate or death tax.

Tennessee used to impose an estate tax, but it was repealed in 2016. However, the estate tax still applies to any deaths that occurred in the state prior to 2016.

Not many Tennessee estates have to pay the estate tax because the state offers a generous exemption for deaths occurring in 2015: only those estates that are valued $5 million or more are subject to the Tennessee estate tax.

Under Tennessee law, the “inheritance tax” was actually an “estate tax,” a tax that was imposed on estates that were valued over a certain dollar amount. In 2015, the Tennessee estate tax applied to high value estates that were worth more than $5 million.

When other states refer to “inheritance taxes,” they are not referring to the total value of an estate. Instead, inheritance taxes are directly imposed upon the beneficiaries or heirs of an estate. In those cases, the inheritance tax varied depending upon how close of a relative the beneficiary or heir was to the decedent.

Usually, a close relative, such as a spouse or a child of the decedent would pay little to no inheritance tax, while more distant relatives or nonfamily members would be subject to a higher rate.

Please be advised that the Tennessee estate tax for deaths occurring in 2015 is not the same thing as federal estate tax. For 2016, estates worth $5.45 million are subject to the federal estate tax, and that amount increases each year due to inflation.

Estate Tax for Deaths Occurring in 2015

For deaths occurring in 2015, the executor of the estate must determine if they have to file an estate tax return. If the death occurred in 2015 and the estate was valued more than $5 million, the executor will have to file a state inheritance/estate tax return. If the death occurred in 2016, the executor does NOT need to file an estate tax return.

Even if an executor has to file an estate tax return it does not mean that the estate will owe taxes. After deductions for expenses, such as funeral expenses and probate attorney fees are deducted, the estate may not owe any tax.

Additionally, when a decedent leaves assets to their spouse, those assets are not taxed, regardless of how much is bequeathed.

Note: If an estate tax return is required for a death that occurred in 2015, it must be filed by the executor within nine (9) months of the decedent’s death, or the executor must file for an extension. If any tax due is not paid by the original deadline, interest accrues on the balance.

For further information about the Tennessee estate tax and the federal estate tax, please contact my Nashville probate firm for a free consultation!

Categories: Probate, Probate Administration, Estate Planning, Estate Taxes

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Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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