
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: March 23, 2015

Of Counsel
732-568-8360 jmcdonough@sh-law.comThe group of lawmakers will consider such a move after Rep. Kevin Brady (R-Texas) introduced the Death Tax Repeal Act of 2015 in February, according to Accounting Today.
While opponents of the estate tax contend that it unfairly hampers small businesses, as well as those tied to family ranches and farms, the legislation sponsored by Brady would eliminate not only the so-called death tax, but also the Generation-Skipping Transfer Tax, the media outlet reported.
During a recent hearing of the Ways and Means Select Revenue Measures Subcommittee, Dave Reichert (D-Washington) spoke to the challenges these fledgling businesses frequently encounter.
“The story is the same in all of our districts – family business owners and farmers work hard for their entire lives with the goal of passing on the fruits of their labor, but face the sometimes insurmountable hurdle of the death tax,” he stated. “And in addition to the actual tax liability the death tax imposes, merely planning for it – regardless of whether these businesspeople and farmers end up owing it – is yet another challenge that we will hear discussed today.”
Amid these difficulties, the House Ways and Means Committee will vote on eliminating the estate tax for the first time in approximately one decade, Doug Andres, a committee spokesman, told The Hill. Congressional republicans have thus far failed to remove the tax completely, but they have managed to scale it down somewhat.
Currently, individuals do not have to pay the death tax on the first $5.43 million of their estate, while this figure is $10.86 million for a married couple. Estates that do trigger the levying of the burden generate a top tax rate of 40 percent.
The Hill reported figures from The Joint Committee on Taxation showing that eliminating this particular burden would cost the federal government nearly $295 billion over the course of 10 years. However, the portion of total tax revenues this policy brings in has declined over the years.
The estate tax provided 2.6 percent of this income four decades ago, but this portion plunged to 0.6 percent in 2014, the committee stated, according to the news source.
Assuming the proposed bill reaches the House floor for a vote and gains approval, many have speculated the legislation has very little chance of being signed into law, as President Barack Obama has advocated expanding the scope of the estate tax.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer
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!