Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 22, 2013
The Firm
201-896-4100 info@sh-law.comMany farmers and ranchers that are nurturing hundreds of acres of property were relieved when lawmakers announced the 2013 estate and gift tax legislation, which made it significantly less costly to pass down land and assets to successors and new generations. However, given that today’s farming producers own significant swathes of land – most of which has been in their families for generations – some are lobbying for more flexible rules that will make wealth transfers easier.

Under the existing estate and gift tax laws, farmers can pass $5 million – $5.25 million, once indexed for inflation – in farmland, equipment, and other assets to successors without triggering estate taxes. This is a significant allowance, as the allowances were initially set to revert back to the 2001 rate of $1 million. The current exemption doubles to $10.5 million for joint filers. In addition, lawmakers also raised the gift tax threshold to $14,000 – or $28,000 for married joint filers – up from $13,000 in 2012.
Duane Hund, an extension farm management specialist with Kansas State University, notes that the changes are uniquely positive for farmers, as potential taxes on property over that amount are capped at 40 percent, or 10 percentage points lower than if Congress hadn’t acted, according to the Kansas City Star. Further, Hund noted that the portability of the exemption is a new feature that will greatly facilitate wealth transfers for farmers. The new portability rule means that should a husband or wife pass away and leave an estate that is smaller than the $5.25 million exemption, the surviving spouse can add the unused amount to her or his own $5.25 million exemption at the second death.
Although farmers and ranchers are in a much better position, the American Farm Bureau is lobbying lawmakers to repeal the federal estate tax altogether.
“Individuals, family partnerships and family corporations own 98 percent of our nation’s 2 million farms and ranches,” said AFBF president Bob Stallman. “When estate taxes on an agricultural business exceed cash and other liquid assets, surviving family partners may be forced to sell land, buildings, or equipment needed to keep their businesses running.”
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!