An alternate valuation date can reduce estate tax liability.
If you have money invested in the stock market, you are well aware of potential volatility. Needless to say, this volatility can affect your net worth, thus affecting your lifestyle. Something you might not think about is the potential effect on your estate tax liability. Specifically, your family might unexpectedly owe estate tax on your death if it occurs before the value of stocks or other assets drops precipitously. One strategy to ease estate tax liability is to allow your executor to elect to use an alternate valuation date.
Alternative valuation date eligibility
Typically, assets owned by the deceased person are included in his or her taxable estate, based on their value on the date of death. For instance, if an individual owned stocks valued at $1 million on the day when he or she dies, the stocks are included in the estate at a value of $1 million.
Despite today’s favorable rules that allow a federal gift and estate tax exemption of $11.7 million, a small percentage of families still must contend with the federal estate tax. However, the tax law provides some relief to estates that are negatively affected by fluctuating market conditions. Instead of using the value of assets on the date of death for estate tax purposes, the executor may elect an “alternate valuation” date of six months after the date of death. This election could effectively lower a federal estate tax bill.
This special election is permissible only if the total value of the gross estate is lower on the alternate valuation date than it was on the date of death. Of course, the election generally would not be made otherwise. However, if assets are sold within six months after death, the date and value of the disposition controls. The value does not automatically revert to the date of death.
Furthermore, the ensuing estate tax burden must be lower by using the alternate valuation date than it would have been using the date-of-death valuation. This would also seem to be obvious, but that is not necessarily true for estates passing under the unlimited marital deduction or for other times when the estate tax equals zero on the date of death.
Note that the election to use the alternate valuation date generally must be made with the estate tax return.
All assets fall under alternate valuation date
The alternate valuation date election can save estate tax, but there is one potential drawback: The election must be made for the entire estate. In other words, the executor cannot cherry-pick stocks to be valued six months after the date of death and retain the original valuation date for other stocks or assets. It is all or nothing.
This could be a key consideration if an estate has, for example, sizable real estate holdings in addition to securities. If the real estate has been appreciating in value, making the election may not be the best approach. The executor must conduct a thorough inventory and accounting of the value of all assets to make a fully informed decision.
Estate plan flexibility
If your estate includes assets that can fluctuate in value, such as stocks, it is important to let your executor know about the option of choosing an alternate valuation date. This option allows him or her flexibility to reduce the chances of estate tax liability.
If you have questions and would like to speak with an estate planning attorney, please consider contacting one of our firm’s knowledgeable and experienced Estate Planning Attorneys for more information.