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Do You Have To Pay Inheritance Tax In Newport Beach?

Updated: Dec 21, 2022

A Quick Guide To Estate And Inheritance Taxes In California

There is no inheritance tax in California. Since California was one of the states that saw their inheritance taxes phased down, the federal government passed the Economic Growth and Tax Relief Reconciliation Act.


That said, although you don't have to pay for inheritance tax, there might be taxation on other estate properties you or your family own.


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Even though, as previously stated, California did not have a state income tax in 2019, federal income tax legislation continues to apply. Also, the California legislature recently attempted to enact legislation that would have reintroduced the state's estate tax.


Instead, starting January 1, 2021, it imposed a new gift and generation-skipping tax on California residents.


To know more about property and asset taxation in California, consult with one of our prescreened Newport Beach Estate Administration Attorneys.

What Is The Difference Between California Estate Taxes And Inheritance Taxes?

Many individuals mix up an estate tax with an inheritance tax since they appear to be the same thing. However, the most important distinction between the two taxes is who pays them.

When an estate tax is imposed, the tax is paid by the person who owns the estate. The person who inherits the property is liable for paying the inheritance tax.


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This means that the estate owner is responsible for paying the estate tax, whereas the heir is responsible for paying the inheritance tax.

Between inheritance taxes and estate taxes, there is another distinction to be made. Both determine the fair market value of a decedent's property on the date of death, which is usually the day of death. Here's how they differ, though:

  • Before the estate's assets are distributed, an estate tax is imposed.

  • Beneficiaries are subject to an inheritance tax when they receive assets.

Contact a Newport Beach Estate Attorney for assistance if you have questions about your estate or inheritance. A lawyer can answer all of your essential questions, assist you in completing the necessary paperwork, and safeguard your rights.

Is It Necessary To Pay When Claiming An Inheritance?

The total value of a decedent's money and property is used to calculate the estate tax. Before any assets are transferred to beneficiaries, it is subtracted from the decedent's assets.

The estate tax, as previously noted, is a federal tax imposed on the transfer of an estate's assets prior to distribution. The federal estate tax applies only when estates are worth more than $11.58 million.

An inheritance tax is a tax imposed on an asset that is given to you as a gift. Before any inherited assets are distributed, any debts owed by the estate will be paid.


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On the other hand, the portion of an estate worth more than $11.4 million is liable to a 40% federal estate tax. One of the benefits of an estate tax is that it is collected before the distribution of the inheritance, so you won't have to worry about it.


The value of the assets you inherit from someone's estate is used to compute inheritance tax, so if it applies, you, the inheritor, would be responsible for paying it. To ensure you know which taxes you need to fulfill, consider speaking to one of our prescreened Newport Beach Estate Planning Attorneys in California.

Bottom-line

While inheritance is not taxed in California, federal law still imposes estate taxes. On the other hand, estate taxes must be paid before the estate can be dispersed as an inheritance.


You don't have to worry about taxes if you're a beneficiary. If you are the sole owner of the estate, however, you must still pay taxes before transferring assets.


If you need more help managing taxes, consult a Newport Beach Estate Planning Lawyer.


Find A California Estate Planning Lawyer In Newport Beach

1000Attorneys.com is a Free Lawyer Referral Service that helps connect you with a California Estate Lawyer best fit to handle your legal concerns.

Contact us through our submission form or 24/7 live chat for a free case review.

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