Congress Considers Steep Death Tax Increase

Curtis Dubay / November 20, 2009

Leaders in the House of Representatives recently discussed the possibility of extending the death tax at its current rate and exemption levels for one year through 2010. If this proposal becomes law it would be a massive tax hike.

Under current law, the death tax has a top rate of 45 percent and an exemption of $3.5 million ($7 million for couples) this year. But on January 1, 2010 it expires. It only stays expired for one year, however, as it springs back to life in 2011 with a top rate of 55 percent and an exemption of only $1 million ($2 million for couples).

With this impending one-year hiatus looming, members of both the House and Senate were coalescing around an agreement to extend the death tax permanently at a 35 percent top rate and a $3.5 million exemption. Senators Kly (R-Arizona) and Lincoln (D-Arkansas) were successful in including a provision for such an extension in the Senate’s 2010 budget resolution. Representatives Berkley (D-Nevada) and Brady (R-Texas) offered similar legislation in the House.
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