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Law Pro, Attorney
Category: Estate Law
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Experience: 20 years experience in estate and trust planning, probate, and wills
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Pennsylvania Inheritance Tax: Financial assets are proceeds

Customer Question

Pennsylvania Inheritance Tax: Financial assets are proceeds from:
Life Insurance - Beneficiary
Annuities - Beneficiary
IRAs - Beneficiary
Joint Tenants With Rights of Survivorship
Payable on Death (Texas Law)
In Trust For.

What are subject to inheritance tax and what is the criterion for determining inheritance tax?

Submitted: 12 months ago.
Category: Estate Law
Expert:  Law Pro replied 12 months ago.

The "in trust for" - that usually a probate asset, but to be sure please explain that. Thanks.

Customer: replied 12 months ago.

Certificates of Deposite are listed:

Jane Doe

ITF Richard A Martz Jr

ITF George Doe

ITF XXXXX XXXXX

These are issued in the State of Pennsylvania

Expert:  Law Pro replied 12 months ago.

In PA - the inheritance tax is imposed as a percentage of the value of a decedent's estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law. The tax rate varies depending on the relationship of the heir to the decedent.

The rates for Pennsylvania inheritance tax are as follows:

  • 0 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
  • 4.5 percent on transfers to direct descendants and lineal heirs;
  • 12 percent on transfers to siblings; and
  • 15 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

Property owned jointly between husband and wife is exempt from inheritance tax.

Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual's death. If inheritance tax is paid within three months of the decedent's death, a 5 percent discount is allowed.

 

 

Life Insurance - Beneficiary - passes outside of probate
Annuities - Beneficiary - part of the probate estate
IRAs - Beneficiary - IRAs are not subject to inheritance tax when the decedent is under the age of 59 1/2 at the time of death.

 

Joint Tenants With Rights of Survivorship - only if the joint tenant is a spouse - otherwise to the decedent's interest in the property is taxed to the joint owner


Payable on Death (Texas Law) - part of the probate estate


In Trust For - part of the probate estate

 

 

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Law Pro

Law Pro, Attorney
Category: Estate Law
Positive Feedback: 98.8 %
Satisfied Customers: 20133
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Law Pro and 2 other Estate Law Specialists are ready to help you
Customer: replied 12 months ago.

Annuities and IRA/Pension Plan is a part of the deceases' assests (Probate) and I am one of three beneficiaries


 


Federal Income Tax


Annuity-If I take the "Cash Surrender Value" will this constitute a Taxible event for Federal Income Taxes?


 


IRA/Pension in Annuity form - If I take the "Cash Surrender Value" will this constitute a Taxible event for Federal Income Taxes?


 


Certificates of Deposite-Are proceeds a taxible event?


 


It seems to me that these are transfer of ownership.


 


 

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