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What is a Death Tax?

Malcolm Tatum
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Updated: May 17, 2024
Views: 13,125
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Death taxes are any type of taxation placed on the assets of a decedent when those assets are redistributed to beneficiaries in accordance with the wishes expressed in a legal will and testament. One of the more common examples of a death tax is the inheritance tax. However, a death tax may take on several different forms, depending on the laws that apply in a given jurisdiction.

In the United States, a death tax refers to the incidence of an estate tax that the beneficiary must pay as part of the process of assuming control of the property. Closely related is the inheritance tax, which applies taxes to any type of financial asset that is willed to the beneficiary. There is no uniform process for applying the death tax among all states within the Union. Some states have laws provisioning hefty taxes on any assets acquired as part of an inheritance, while other states require the application of modest taxes. Still other locations in the United States do not require any type of death tax at all.

The use of a death tax has long been an issue of controversy in many places around the world. Opponents to the death tax believe that the process places an unnecessary burden on the beneficiaries during a period of grief. There is a strong likelihood that the individual will be in mourning or possibly engaged in taking care of end of life expenses associated with the death of the friend or relative. In some instances, the tax burden may be so great that the beneficiary cannot afford to pay the taxes without selling the inherited property, creating an ethical dilemma where the intended recipient of the property is unable to enjoy it in the manner intended by the deceased.

Proponents of the death tax tend to point toward the need to provide for the greater good of society. This includes raising revenue for local and federal governments that can be used to maintain and increase public services that can be enjoyed by all citizens. From this perspective, the death tax is seen as simply aiding in that process. Since the beneficiary is receiving assets that he or she did not earn and has not paid taxes on previously, proponents say it simply makes sense to tax those assets so that the greater good of the populace is served.

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Malcolm Tatum
By Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing to become a full-time freelance writer. He has contributed articles to a variety of print and online publications, including WiseGeek, and his work has also been featured in poetry collections, devotional anthologies, and newspapers. When not writing, Malcolm enjoys collecting vinyl records, following minor league baseball, and cycling.

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Discussion Comments
By anon937469 — On Mar 05, 2014

Not only is the death tax and inheritance tax unethical, it should be illegal. It's double dipping by the government. They are taxing someone who is inheriting assets that have already had taxes paid on them, be it cash or property. Cash was earned and taxed while earned; property was taxed when purchased.

By anon92304 — On Jun 27, 2010

Yes there is a way, the Fair Tax Plan. Look it up, it has some great info on its website and pretty much answers all questions you may have about the plan.

This would get rid of the IRS completely, giving states more independence and not being influenced by the government. Also, the government will have to get rid of all their nonsense programs and cut back on their own wasteful spending “big government”.

Keep in mind, you are not paying taxes anymore and neither are businesses so the projected flat rate tax may seem high but the price of goods will be reduced by at least 30 percent.

This is because a business is taxed twice on their goods which are put on us when we buy that item.

By anon23398 — On Dec 23, 2008

It is getting so a person can not even think of having a peaceful death for fear of what the government will come up with to put another load on the loved ones left behind. Get rid of the so called death tax, it is just another way to tax the living unnecessarily!

By louise61 — On Dec 10, 2008

Topic: Death/Estate tax

I am outraged at having ANY tax on death/estate!!! What can we do to change this insane tax? We are taxed on everything!!! Our corrupt government is abusing our money and getting away with it. Perfect example look at the Ill governor trying to sell a senate seat!!! It must stop. Any ideas?

Malcolm Tatum
Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing...
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