Understanding the Tax Landscape in Comprehensive California Estate Planning

When crafting a comprehensive estate plan in California, understanding the different types of taxes at play is crucial. Each tax—federal estate and gift tax, income taxes on capital gains, and county property taxes—has unique implications, and strategies to minimize one may inadvertently increase exposure to another.

Federal Estate and Gift Tax:
The federal estate tax applies to the transfer of an individual’s assets at death, while the gift tax applies to transfers made during life. As of 2024, the federal estate and gift tax exemption is $13.61 million per individual, meaning estates valued below this threshold are not subject to federal estate tax. However, for some individuals and families, this tax can be significant, and strategies like gifting or creating trusts are often employed to minimize exposure.

Federal and State Income Taxes on Capital Gains:
Capital gains taxes are incurred when assets are sold for more than their purchase price. In California, both federal and state income taxes apply to these gains. When designing an estate plan, it’s essential to consider the potential capital gains tax implications, especially when transferring appreciated assets, as strategies that minimize estate tax might trigger substantial capital gains taxes.

County Property Tax:
California’s Proposition 13 generally caps property tax increases at 2% per year, based on the property’s assessed value at the time of purchase. However, transferring real estate, either during life or at death, can trigger a reassessment of the property’s value, potentially leading to a significant increase in property taxes. Certain exemptions exist, such as transfers between parents and children, but many of these exemptions have been limited by Proposition 19.

Navigating the Interplay of Taxes:
The key challenge in estate planning is that strategies to mitigate one type of tax can increase exposure to another. For example, gifting appreciated assets during life can reduce the taxable estate, but it also transfers the donor’s tax basis to the recipient, potentially increasing capital gains taxes when the asset is sold. Similarly, transferring real estate can avoid estate tax but might lead to a reassessment and higher property taxes.

Effective estate planning requires balancing these competing tax considerations while keeping the client’s overall goals in focus. A holistic approach, often involving careful timing of transfers and the use of specialized trusts, is essential to minimize the total tax burden and preserve wealth across generations.

By understanding and addressing the interaction between these taxes, estate planning can be tailored to meet clients’ needs and objectives, ensuring that their legacy is preserved with minimal tax exposure.