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Portfolio > Alternative Investments > Real Estate

The Bay State Difference for Estate Taxes

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For wealthy married decedents, the portion of the estate taking advantage of the marital deduction for federal purposes may be less than the state marital deduction. Therefore, making a separate state QTIP election will help to achieve tax efficiency.

In Massachusetts, for example, where a separate state QTIP election is allowed, the estate plan of a married person with a $10 million estate will usually be designed to create three testamentary trusts:

(1) a credit shelter trust to hold the $1 million that’s exempt from both state and federal estate tax;

(2) a marital trust to hold the difference between the Massachusetts exemption amount of $1 million and the federal exemption amount of $5.45 million (that is, $4.45 million in 2016), for which a Massachusetts-only QTIP election will be made; and

(3) a marital trust to hold any assets over $5.45 million, which would be a QTIP trust for both state and federal purposes.

The Massachusetts-only QTIP trust won’t be subject to federal estate tax on the death of the surviving spouse; only Massachusetts estate tax will be imposed, allowing any appreciation to escape federal estate tax on the death of the surviving spouse. 

Return to The Worst (and Best) Places to Die in 2016.


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