Copyright © University of Minnesota. All Rights Reserved. Federal & Minnesota Estate & Tax Update Gary A. Hachfeld Extension Educator - Ag Business Management University of Minnesota Extension Ag Lenders Conference Southwest Research & Outreach Center August 12, 2014

Copyright © University of Minnesota. All Rights Reserved. Capital Gains Tax

Copyright © University of Minnesota. All Rights Reserved. Capital Gains Tax Long-term federal capital gains tax rates (assets held more than one year): –5% (0%), 15%, 20%, 25% & 28%. 5% rate becomes 0% if taxable income is within the 10% or 15% federal income tax bracket. Applies only to gain between taxable income and top of 15% tax bracket amount - 5% does not apply on that portion. 15% rate for any gain in excess of 15% federal income tax bracket amount or if taxable income is in 15% federal income tax bracket or greater, but less than 39.6% income tax bracket.

AGI taxable income 2014 = $43,800 Example: AGI taxable income 2014 = $73,800 AGI taxable income 2014 = $43,800 Land sale: capital gain of $70,000 Top of 15% Fed tax bracket 2014 = $73,800 ($43,800 + $30,000) First $30,000 of capital gain 0% capital gain tax rate Final $40,000 of capital gain 15% capital gain tax rate

Copyright © University of Minnesota. All Rights Reserved. Capital Gains Tax Long-term federal capital gains tax rates (assets held more than one year): –5% (0%), 15%, 20%, 25% & 28%. 5% rate becomes 0% if taxable income is within the 10% or 15% federal income tax bracket. Applies only to gain between taxable income and top of 15% tax bracket amount - 5% does not apply on that portion. 15% rate for any gain in excess of 15% federal income tax bracket amount or if taxable income is in 15% federal income tax bracket or greater, but less than 39.6% income tax bracket.

Copyright © University of Minnesota. All Rights Reserved. Capital Gains Tax Long-term federal capital gains tax top rate goes to 20% for individuals with federal taxable income over threshold amounts set for 39.6% income tax rate: - Thresholds: -$400,000 for individuals -$450,000 for married filing jointly -$425,000 head of household

Copyright © University of Minnesota. All Rights Reserved. Federal Estate Tax American Taxpayer Relief Act of 2013: –Tax act set federal estate tax exclusion amount at $5,000,000 per person and indexed it for inflation. –2014 federal estate tax exclusion amount is established at $5,340,000 per person. –Permanently includes “portability” of exclusion between spouses. Deceased spouses unused portion of federal estate tax exclusion is “portable” (transferable) to the surviving spouse. To qualify for portability option, required to file estate tax return for decedent even if estate is not taxable.

Copyright © University of Minnesota. All Rights Reserved. Federal Estate Tax Federal e state taxes assessed only on amounts exceeding federal estate tax exclusion amount. Credit is applicable tax on exclusion amount. Exclusion & credit can vary by year. Year of Death Exclusion: Credit: 2013 $5,250,000 $2,045,800 Stepped-up Basis 2014 $5,340,000 $2,081,000 Stepped-up Basis 2015 ? ? ? ? ? ?

Copyright © University of Minnesota. All Rights Reserved. Minnesota & Federal Exemption Amounts Year of Minnesota Federal Death Exemption Amt. Exemption Amt $1,000,000 $5,000,000 and $4,000,000** 2012 $1,000,000 $5,120,000 and $4,000,000** 2013 $1,000,000 $5,250,000 and $4,000,000** 2014 $1,200,000 $5,340,000 and $4,000,000** ** With Qualifications !!!

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax MN Exclusion Amount: –Estates of decedents dying after Dec. 31, $1,200, $1,400, $1,600, $1,800, $2,000,000

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax MN estate tax law allows for the taxation of a non-resident’s estate, where the non-resident has ownership interest in MN property held in a pass-through entity that owns real estate or tangible personal property (machinery, livestock, etc.). Pass-through entities are defined as S corporations, partnerships, single-member LLCs and trusts. Excludes publically traded entities. Law is effective for the estates of decedents dying after Dec. 31, MN estate value and associated tax is also impacted by the Qualified Small Business Property & Qualified Farm Property Exclusion and the MN gift tax.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property and Qualified Farm Property Exclusion: –Signed into MN law July –Increases MN estate tax exclusion for qualified farm and small business property only. –New exclusion is limited to decedents dying after June 30, 2011.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Qualified farm property: Property was classified for property tax purposes in taxable year of death as agricultural, ag relative or special ag homestead under M.S If decedent had lost homestead classification prior to death, property does not qualify for exclusion. Property was classified for property tax purposes in taxable year of death as class 2a property under M.S , subd. 23.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Qualified farm property: Qualified heir(s)/family member(s) do not have to use the property in the operation of the trade or business for three years following decedent’s death. Qualified heir(s)/family member(s) do not have to homestead the property. Property must stay classified 2a property for three years after decedent’s death.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Farm entities currently qualified for exclusion: Sole proprietor General Partnership Limited Partnerships (LP, LLP, LLLP) & LLCs S Corporations & C Corporations Trusts Life Estates –Individual must have a controlling interest and file a MN. corporate farm law report to qualify.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Recapture tax provision: if any of the following occurs within three years of the decedent’s death and before the death of the qualified heir, a recapture tax is imposed: Qualified heir disposes of any interest in the qualified property (other than by disposition to a qualified family member),

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Recapture tax provision (continued): or For the qualified farm property deduction, a family member does not maintain the 2a classification for the qualified property, or For the qualified small business property deduction, a family member does not materially participate in the operation of the trade or business.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –Recapture tax: Tax equal to 16% on the amount of the exclusion. Must be paid to Minnesota Department of Revenue within six months after the date of the disqualifying disposition or cessation of use.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax Qualified Small Business Property & Qualified Farm Property Exclusion: –When estate elects this deduction, qualified heir must file two information returns to confirm no recapture tax is due. First return due months after decedent’s death. Second return due months after decedent’s death. –Requirement effective for returns due after Dec. 31, 2013 (that is, for estates of those who died after Dec. 31, 2011).

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate Tax NOTE: –If you qualify for the $4 million dollar Qualified Small Business Property & Qualified Farm Property Exclusion, regardless of the increase in the MN $1 million dollar exclusion, your total MN estate tax exclusion amount cannot exceed $5 million dollars per person.

Copyright © University of Minnesota. All Rights Reserved. FEDERAL GIFT TAX Each individual has an Annual Gift Exclusion of $14,000 - couples together total $28,000. Each individual has a Lifetime Gift Exclusion equal to the federal estate tax exclusion ($5,340,000 for 2014). Federal Annual Exclusion does not apply to gifts of future interest such as remainder interest portion of life estate. Some gifts are not taxable. Some gifts are taxable.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Gift Tax –MN gift tax was repealed back to June 30, –Tax was originally effective July 1, –Gifting is still connected to MN estate tax. Value of gifts above the federal annual gift exclusion amount, made within 3 years of death, must be “added back” into the value of the decedent’s estate to determine if MN estate tax is due. –The “add-back” rule applies retroactively to all gifts made after the date of June 30, 2013.

Copyright © University of Minnesota. All Rights Reserved. Gifting & MN Estate Tax –For decedents with an ownership interest in property that is located in MN, the decedent’s personal representative must file a MN estate tax return IF: A federal estate tax return is filed OR The sum of the decedent’s federal gross estate plus federal adjusted taxable gifts (recorded on IRS 709 form) made within 3 years of decedent’s date of death, exceeds the MN estate exclusion for the year the decedent dies.

Copyright © University of Minnesota. All Rights Reserved. Federal Estate & Gift Tax Rates Maximum Estate Maximum Gift Year Tax Rate Tax Rate % 35% % 40% 2014 & thereafter 40%* 40%* *Law is currently permanent at maximum 40%. Law could change rate.

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate & Gift Tax Rates Marginal Estate Tax Gift Year Rate Range Tax Rate % % No Gift Tax % % No Gift Tax % - 16% No Gift Tax % - 16% No Gift Tax

Copyright © University of Minnesota. All Rights Reserved. Federal Estate & Gift Tax –Federal: for 2014 you have one exclusion amount worth a total of $5,340,000 per person. –You decide how you want to spend it: Estate Tax OR Gift Tax

Copyright © University of Minnesota. All Rights Reserved. Minnesota Estate & Gift Tax Minnesota: –You potentially have two exclusion amounts: 1.MN estate tax exclusion each person receives, with an amount based upon year of death, increased each year to a maximum of $2,000,000 in If you have agricultural land that qualifies for the MN Qualified Small Business Property & Qualified Farm Property Exclusion, you potentially have an additional $4 million exclusion. NOTE: total MN estate tax exclusion amount cannot exceed $5,000,000 per person.

Copyright © University of Minnesota. All Rights Reserved. Power-of-Attorney

Copyright © University of Minnesota. All Rights Reserved. Power-of-Attorney Statutory Power-of-Attorney (POA): –After Jan. 1, 2014, all statutory short form powers of attorney, executed prior to that date, become common law powers of attorney and do not get various statutory protections. –Under the current statute, an accounting is required IF: the grantor requests an accounting, the document requires an accounting, an interested party requests an accounting, the Attorney in Fact (person with POA) reimburses himself or herself for any expenditure. –Failure to provide an accounting as required, can lead to treble (triple) damages to the grantor and the requirement to pay attorney fees and costs to the person petitioning for an accounting.

Copyright © University of Minnesota. All Rights Reserved. Irrevocable Trusts & Medicaid Qualification

Copyright © University of Minnesota. All Rights Reserved. Irrevocable Trust (IT) - for MA IT established on or after July 1, 2005: –Mom is grantor, places land into IT. –Daughter is trustee of the IT. –Mom gets land rent but can not change provisions of the IT. –If MA is an issue, assets in an IT established in MN on or after July 1, 2005 are considered countable assets for spend down requirement when applying for MA. (Current litigation may limit this to only ITs established within 60 months of application for MA). –If MA is not an issue, IT stands intact.

Copyright © University of Minnesota. All Rights Reserved. Contact Information Gary A. Hachfeld

Copyright © University of Minnesota. All Rights Reserved. Farm Transition & Estate Planning Update Questions ?? Comments ??