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Pub. 553, Highlights of 2004 Tax Changes 2004 Tax Year

Chapter 5 - Estate and Gift Taxes

This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

2004 Changes

Estate Tax Applicable Exclusion Amount Increased

An estate tax return for a U.S. citizen or resident needs to be filed only if the gross estate exceeds the applicable exclusion amount for the year of death, listed below.

  Exclusion
Year Amount
2004 and 2005 $1,500,000
2006, 2007, and 2008 2,000,000
2009 3,500,000

Annual Exclusion for Gifts Increased

The annual exclusion for gifts made to spouses who are not U.S. citizens increased to $114,000.

Maximum Estate and Gift Tax Rate Reduced

For estates of decedents dying, and gifts made, after 2003, the maximum rate for the estate tax and the gift tax is as follows.

  Maximum
Year Tax Rate
2004 48%
2005 47%
2006 46%
2007, 2008, and 2009 45%

Credit for State Death Taxes Reduced

For estate of decedents dying in 2004, the credit allowed for state death taxes is limited to 25% of the amount that would otherwise be allowed.

Generation-Skipping Transfer (GST) Exemption Increased

The generation-skipping transfer (GST) lifetime exemption increased to $1,500,000. The annual increase can only be allocated to transfers made during or after the year of the increase.

Qualified Family-Owned Business Interest Deduction Repealed

The qualified family-owned business interest deduction has been repealed for the estates of decedents dying after December 31, 2003.

2005 Changes

Changes to State Death Taxes

For estates of decedents dying after 2004, the credit for state death taxes will be replaced with a deduction for state death taxes.

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