Oofa...
BBS wrote:But still, bro, "if the legislators write out of the law the exemptions for trusts and gifts, so we've eliminated the ability to avoid the tax," would the benefits still offset the costs?
Who and which groups else benefits from gifts and trusts?
Yes, the benefits would still offset the costs.
Gifts benefit the people who are designated by the giver. Not sure what you're getting at here. It's pretty straightforward.
BBS wrote:But still... Suppose I'm a rich, old guy. I should set up a charity, which will give x-amount to those on my informal Will, and the remainder to some other charity (which I may own) or to a SuperPAC (which I may own). Hell, I could launder the money through the "charity ---> SuperPAC" avenue and pay myself/teh kiddies as some executive/employee of the SuperPAC. *cha-ching! cha-ching! cha-ching!*
First, since this is a hypothetical law that I would write, the answer is you can't do that. That's the beauty of this hypothetical law, I can do whatever the f*ck I want.
Second, you can do that, sure. You can do that now too. However, I hate to break it to you, but there are restrictions associated with executive pay in the context of this type of thing. And I could drum up some more restrictions. Like, for example, the charity cannot be created by the grantor or any relatives and the charity cannot give money to or be run by the grantor or any relatives.
BBS wrote:Wait, so your physical property is not taxed because it's not a liquid asset?
1. Suppose Mr. MoneyBags has used up his $5 million exemption.
2. Then, he gifts Mr. MoneyBags Jr. $1,000,000.
3. What happens next?
4a. The government taxes Mr. MoneyBags Jr. 100% on the $1 million, or
4b. the $1 million is taxed at 38% (i.e. taxed as income)?
Because if it's 4b, then obviously, I've avoided the 100% estate tax. If we choose 4a, then what? The government demands 100% of the money--even before Mr. MoneyBags dies?
4a is the correct answer.
patches"What if Joe RichDaddy has multiple children, lets say.....six children. Is each child entitled to $5 million each?[/quote]
Sure.
[quote="patches wrote:Who is the government or TGD to decided how much heirs should get? Does TGD know what's best for people better than the people themselves?
I think not.....
Do I know what's best for people? No. Does the government know what's best for people? No. How are these questions relevant to this discussion? Unfortunately, we live in the United States, which is a republic, where the government has since the late 18th century made determinations as to what is best for the people. If you would like to live in some other country where you can decide what's best for you in all things, be my guest. Until then, I will think up tax laws so that I can earn as much of my own money as I can without the government taking it. Frankly, I'm perfectly willing to have Joe Richdaddy and his progeny pay estate taxes of 100% so that I may keep 90% of my paycheck, rather than 60%, especially with respect to Joe and his kids having a $5 million exemption.
TA1LGUNN3R wrote:So, Greekdog, in keeping with the "you didn't earn the inheritance and therefore it's public property stance," what about your body after your death? You didn't earn your body, it was given to you by your parents and upward from there. Should your body be donated (repossessed by the public for public services) to medical science since you are no longer alive?
Just curious about where you set the line at "earned" possessions and how they are dispensed after cessation of life.
-TG
My stance on the body is that it is your own, in keeping with Supreme Court decisions with respect to abortion. The right to privacy should extend beyond death, as far as I'm concerned; but if it doesn't, the right to the free exercise of religion with respect to rites at death should extent past death.
hmsps wrote:Say u have a wealthy individual. Once he gets to where he wants to be financially he can gift the vast majority of his income so long as he keeps enough for general expenses. That's not breaking any laws and never will be. It would be ludicrous and impossible to legislate that any other gifts fell into someone's estate for IHT. Say this wealthy guy has been given monies to friends and family for 40 years. The estate has little left to pay any IHT so how does it get paid.
Okay, well first, gifts are already taxable over a certain amount (I'm not sure what the amount currently is - I believe somewhere in the range of $1.2 million). In other words, if Joe Richdaddy gives a gift under the current law (not the TGD law, the current law), he is taxed over a certain amount and can only make gifts tax-free of a certain amount on a yearly basis.
Second, I can legislate whatever I want. Under the scenario above, the rich person is already taxable for gifts above the threshhold under the current law (not the TGD law, the current law), so of course it's doable for me to say "you can't give any more than $5 million over the course of your lifetime." It's already done now, it can be done under the TGD plan.
For the lovers and the haters... let me be clear (again) - My primary concern here is that income earners keep more of their own money on a year-to-year basis. My primary concern is not hoarding money or socialism or fairness. Well, I suppose it's fairness. The plan also must be taken in context - my proposal would include cuts to spending and to tax revenue apart from the estate tax. In a bubble, with just a 100% estate tax, of course it's easy to rail against the federal government. In the context of an overall plan to balance the budget, cut spending, and let people take home more of their pay, it's not easy to rail against this plan. And that is why no one has done so. I've yet to see an argument advanced by anyone that the replacement of an income tax with an estate tax, combined with cuts to spending, would not be a good idea. Mets and Frigidus are talking about hoarding; BBS is talking about hoarding; patches is talking about the role of the federal government. None of these things are really relevant.
The question for Mets and Frigidus is this - Would you rather the large estates go largely untaxed (the current law)?
The question for BBS is this - Would you rather the current system stay where it's at?
The question for patches is this - Would you rather the federal government take your current income or the income you would pass on to your progeny, keeping in mind that your argument is in defense of the people who don't actually work for a living (the children of the deceased) who are pretty much receiving welfare and your argument is in defense of aristocracy and is thus very much anti-American?