Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 23, 2013
The Firm
201-896-4100 info@sh-law.comFamily-owned businesses and high-net worth individuals are bracing for a potential hike in federal estate taxes, but U.S. farmers are an overlooked segment that are expected to be particularly impacted by this scenario.
If lawmakers choose not to reinstate the Bush tax cuts, federal estate tax rates are expected to increase to 55 percent from its current level of 35 percent. In addition, the exemption will drop from $5 million to $1 million. The new rates coupled with rising prices for land have farmers in the Midwest concerned about whether the existing estate tax law will be extended, and some are already preparing for the worst-case scenario.
Many farmers are speeding up their succession land and quickly putting their assets into trusts or making gifts at an accelerated pace, according to agricultural news website the Capital Press.
“Some people are going to make gifts they normally wouldn’t have until later,” Kerry Arritt, an accountant in Burley, Idaho, told the news source. “It will cost their heirs a few million dollars if they wait.”
In other cases, some farmers are concerned that they may be forced to sell off significant shares of land in order to pay their taxes, according to The Associated Press. In some areas, such as Iowa, land prices have tripled in value, greatly increasing the amount of estate taxes some families will be subject to, the AP adds.
Further, analysts noted that the “big farming” industry is now simply the “farming” industry in most areas, and that many agricultural plot owners are not millionaires, but farmers who inherited small plots of land through previous generations. As a result, these landowners are most likely to be negatively impacted by the changes if they fail to succession plan now.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
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!