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Chapter 4
Pension, Profit-Sharing, and Stock Plans
How They Impact Your Assets

Preserving Wealth


What Value Is Included in My Gross Estate?

All balances in both qualified and nonqualified pension, profit-sharing, and stock plans are now included in the employee’s gross estate. Prior exclusions were available for qualified plan distributions, but those provisions were repealed for decedents dying after December 31, 1984.

The following comprehensive example illustrates the inclusion of pension benefits, use of a life insurance trust, and optimal use of the marital deduction.

Example:
Assume that Ella Estate has the following assets and liabilities, and her will provides for the standard optimal marital and residual trusts:
Life insurance x $ 300,000
Qualified pension plan benefits x 500,000
House x 400,000
Other assets x 1,300,000
Total x 2,500,000
Less: x x
  Debts $ 75,000 x
  Administrative expenses __25,000 __(100,000)
Net assets x $ 2,400,000
If Ella Estate assigned the life insurance to an irrevocable trust as described in Chapter 3 and named her husband as the beneficiary of the qualified plan,
her taxable estate in 2006 would be computed as follows:
Qualified pension plan benefits x $ 500,000
House x 400,000
Other assets x 1,300,000
Total assets x $ 2,200,000
Less: x x
Debts $ 75,000 x
Administrative expenses 25,000 $ (100,000)
Adjusted gross estate x 2,100,000
Optimal marital deduction x __1,100,000
Taxable estate x $ 1,000,000
Estate tax after unified credit x zero
In this case, the maximum allowable marital deduction would be $2,100,000. However, from a tax viewpoint, the taxable estate of the first spouse to die should not be reduced below $1,000,000, the applicable exclusion amount.

 

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Disclaimer: This guide is not intended to be a substitute for specific individual tax, legal, or investment planning advice, as certain of the described considerations will not be the same for every taxpayer or investor. Accordingly, where specific advice is necessary or appropriate, consultation with a competent professional adviser is strongly recommended.

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