Effects Of The Federal Estate Tax On Farms And Small Businesses
CONGRESS OF THE UNITED STATES
CONGRESSIONAL BUDGET OFFICE
A
CBO
P A P E R
JULY 2005
Effects of the
Federal Estate
Tax on Farms
and Small
Businesses
T
o
p: Photodisc/GettyImages; Bottom: Ron Nichols/USDA
A
CBO
P A P E R
Effects of the Federal Estate Tax on
Farms and Small Businesses
July 2005
The Congress of the United States O Congressional Budget Office
Note
Numbers in the text, tables, and figures of this report may not add up to totals because of
rounding.
Preface
Critics of the federal estate tax argue that it can hinder families who wish to pass on a
farm or small business, because heirs must sometimes liquidate the farm or business to pay the
tax. This Congressional Budget Office (CBO) paper—prepared at the request of the Ranking
Democratic Member of the Senate Finance Committee—examines the effects of the estate tax
on small businesses and family farms, focusing on how it might alter the behavior of farmers
and small-business owners during their lives and on the extent to which their estates have
enough liquid assets to pay the estate taxes owed. The paper also looks at the impact on those
groups of setting the amount of assets exempt from the estate tax at $1.5 million, $2 million,
or $3.5 million. In keeping with CBO’s mandate to provide objective analysis, this paper
makes no recommendations.
Robert McClelland, formerly of CBO’s Tax Analysis Division, wrote the paper—with addi-
tional supporting analysis from Ed Harris—under the direction of Roberton Williams and
Thomas Woodward. Ben Vallis performed some of the computations used in the analysis, and
Perry Beider provided useful comments.
Christian Spoor edited the paper, and Loretta Lettner proofread it. Denise Jordan-Williams
prepared early drafts of the text, tables, and figures. Maureen Costantino produced the cover
and prepared the report for publication. Lenny Skutnik produced the printed copies, and
Annette Kalicki and Simone Thomas prepared the electronic version for CBO’s Web site
(www.cbo.gov).
Douglas Holtz-Eakin
Director
July 2005
CONTENTS
Summary vii
Provisions of the Estate Tax That Affect Farms and
Small Businesses 2
What Is a Small Business? 3
Potential Effects of the Estate Tax on the Behavior of
Farmers and Business Owners 4
Why Do People Accumulate Assets? 4
Lessons from the Income Tax 6
Affordability of the Estate Tax 8
Characteristics of Estates Filing Returns
in 1999 and 2000 9
Estates with Insufficient Liquid Assets
to Pay the Estate Tax 12
Effects of Permanently Raising the Exemption Amount 13
Appendix: Translating the Estate Tax into an Income Tax 17
vi
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Tables
1.
Scheduled Changes in Tax Rates and Exemption Amounts for
Estate and Gift Taxes Under EGTRRA
2
2.
Income Tax Rates Equivalent to a 43 Percent or 14 Percent
Estate Tax
6
3.
Characteristics of Estates That Filed Estate Tax Returns in 1999
or 2000
9
4.
Estates Filing Estate Tax Returns in 1999 or 2000, by Decedent’s
Marital Status
10
5.
Common Occupations and Industries of Decedents Whose Estates
Filed Estate Tax Returns in 2000
11
6.
Characteristics of Farmers’ and Small-Business Owners’ Estates
That Filed Estate Tax Returns in 2000
12
7.
Minority Discounts Claimed by Estates Filing Estate Tax Returns
in 2000, by Type of Asset
13
8.
Number of Estates Filing Returns and Number with Insufficient
Liquidity to Pay the Estate Tax in 2000, Under Various
Exemption Levels
15
9.
Income Tax Rates Equivalent to the Estate Tax, Under Various
Exemption Levels, for Estates Claiming the QFOBI Deduction
in 2000
16
A-1.
Income Tax Rates Equivalent to a 43 Percent or 14 Percent Estate
Tax, by Rate of Return and Years Until Death
18
Figures
1.
Distribution of Gross Value and Estate Tax Liability of Estates
Filing Estate Tax Returns in 1999
11
2.
Assets of Estates Filing Estate Tax Returns in 1999 or 2000
14
Boxes
1.
Estate Taxes Levied by States
3
2.
How the Estate Tax Defines a Family-Owned Business
5
3.
Estimating the Number of Estates Belonging to Farmers
8
Summary
Recent discussion of the federal estate tax has estate tax lowers the rewards from investment, a business
focused in part on how it affects family farms and small
owner or family farmer wishing to leave the enterprise to
businesses—particularly the possibility that having to pay
his or her heirs may be less inclined to invest in it or to
the tax might jeopardize those operations. Analysis by the
hire workers—or may even be dissuaded from starting
Congressional Budget Office (CBO) and others points to
the business.
few strong conclusions, both because available evidence is
limited and because existing tax data make it difficult to
The amount of estate tax owed on a farm or business can
determine which estates are those of farmers or small-
be reduced in several ways. If a decedent has left heirs
business owners.
minority interests in a business, the estate may claim a
reduced value for those interests for tax purposes, thus
Under current law, if someone dies in 2005 and leaves an
lowering the taxable value of the estate. In addition, until
estate worth more than $1.5 million, the estate must file a
2004, family-owned businesses could take a special
return and pay taxes of 43 percent to 47 percent on assets
deduction—the qualified family-owned business-interest
(minus various deductions) above that dollar threshold.1
(QFOBI) deduction—to lower their estate taxes. More-
Under the Economic Growth and Tax Relief Reconcilia-
over, certain types of businesses can spread their tax pay-
tion Act of 2001 (EGTRRA), estate tax rates will decline
ments over 15 years in some circumstances. For farmers, a
—and the amount of net assets exempt from taxation will
special method of calculating the value of a family farm
increase—through 2009, at which point the tax will
can lower the amount of estate tax owed. Finally, as the
equal 45 percent of an estate’s net assets over $3.5 mil-
amount of assets exempt from taxation increases under
lion. The estate tax is then eliminated in 2010. However,
EGTRRA, the estate tax will affect fewer small businesses
if EGTRRA expires as scheduled in 2011, the tax will be
and farms (at least until the law expires).
reinstated that year, at rates ranging from 41 percent to
60 percent on net assets of more than $1 million. The
federal estate tax is projected to raise around $20 billion
Possible Effects of the Estate Tax
to $30 billion in revenues annually through 2011 and
on Entrepreneurship
roughly double that amount in the next few years there-
Economic studies have had limited success in identifying
after.
how the estate tax may influence the behavior of farmers
and small-business owners. Those effects depend on the
In recent years, fewer than 2 percent of all estates have
underlying motives of the individual entrepreneur, which
had to pay estate taxes. But critics argue that the tax may
are themselves unclear. At one extreme, if business owners
pose a particular hardship for a small business or family
or farmers leave estates only because they die before man-
farm. If building up such an enterprise results in a taxable
aging to spend all of their accumulated assets, the exist-
estate without enough liquid assets to pay estate taxes,
ence of the estate tax will have no impact on their entre-
heirs may have to wholly or partially liquidate the busi-
preneurial behavior. However, if they intend all along to
ness or farm. Purchasing sufficient life insurance might
leave estates and thereby pass on active businesses, the
prevent that problem, but the ongoing cost of paying pre-
estate tax could affect how much they invest in their
miums would reduce the cash flow available to invest in
farms or businesses. Because the tax reduces the after-tax
the enterprise. In addition, critics charge, because the
return on investment, it could lead people to invest less
than they would otherwise (or leave them with less
1. The estate might also have to pay income taxes, but this analysis
money to invest if they held assets in liquid form or
focuses only on estate taxes.
bought life insurance to cover future estate tax pay-
viii
SUMMARY
ments). Conversely, because the tax reduces the net size of
whereas the typical effective tax rate for estates claiming
estates, people might choose to save and invest more to
the QFOBI deduction exceeded that average.
offset it.
The vast majority of estates, including those of farmers
Unfortunately, research into the estate tax has not reached
and small-business owners, had enough liquid assets to
strong conclusions about the relative strength of such
pay the estate taxes they owed. However, estates involving
incentives. A large body of research has, however, found
farms or small businesses were less likely than the average
that income taxes may discourage entrepreneurial effort.
estate to have sufficient liquid assets to cover their estate
Because the estate tax can be seen as equivalent to an
taxes. In 2000, about 8 percent (or 138) of the estates of
additional income tax, the observed reactions of farmers
farmers who left enough assets to owe estate taxes faced a
and business owners to the income tax suggest that the
tax payment that exceeded their liquid assets, compared
estate tax may also reduce entrepreneurial effort.
with about 5 percent of all estates that owed taxes. For
estates claiming the QFOBI deduction, the correspond-
Affordability of the Estate Tax
ing figure was about 34 percent (or 164 estates). Those
Information about whether the estates of farmers and
numbers are upper bounds, however, because the defini-
small-business owners can afford to pay estate taxes
tion of liquid assets used on estate tax returns excludes
comes primarily from tax returns. CBO’s analysis exam-
some money held in trusts, which could also be used to
ined data from estate tax returns filed in 1999 and 2000
pay estate taxes.
(the most recent data available when the analysis was con-
ducted). Determining from tax returns what constitutes a
For returns filed in 2000, the threshold for filing was
family farm or small business is difficult, however. Re-
gross assets worth at least $650,000 or $675,000, de-
turns identify the decedent’s occupation and industry, but
pending on the year of death—less than half the 2005
those categories are broad. For lack of better identifiers,
level of $1.5 million. Had the current filing threshold
this analysis considered the estates of farmers to be those
been in effect in 2000, far fewer estates, especially those
reporting an occupation of either farmer or farm worker
of farmers, would have had to file estate tax returns.
(about 4,500 estates per year) and the estates of small-
business owners to be those claiming the QFOBI deduc-
The scheduled expiration of EGTRRA in 2011 has
tion (about 1,500 per year).
engendered uncertainty and led to proposals that would
permanently extend the higher exemption levels and
According to those definitions, the estates of farmers were
lower tax rates in EGTRRA. This analysis looked at the
smaller than the average estate in 1999 and 2000, and
effects of freezing the exemption level at three amounts:
estates claiming the QFOBI deduction were generally
$1.5 million, $2.0 million, or $3.5 million. Any of those
larger than average. That situation, combined with the
exemption levels, along with a 48 percent tax rate and a
progressivity of the estate tax, meant that the typical ef-
large QFOBI deduction, would substantially reduce the
fective tax rate for farmers (the share of wealth they paid
number of small businesses and farmers affected by the
in estate taxes) was lower than the average for all estates,
estate tax.
Effects of the Federal Estate Tax on
Farms and Small Businesses
The United States has had an estate tax since 1916, go to their heirs without taxation.4 Assets bequeathed to
when the tax was imposed to offset a decline in tariff rev-
qualified charities are deductible from the value of the
enues caused by World War I.1 Lawmakers have altered
estate, as are such items as funeral expenses and executors’
the estate tax many times, raising the top statutory rate to
commissions. The resulting net estate is subject to tax
as much as 77 percent and increasing or decreasing the
rates of 43 percent to 47 percent (depending on its size);
amount of assets exempt from taxation. Most recently,
if the amount of tax owed exceeds the unified credit, the
the Taxpayer Relief Act of 1997 (TRA-97) and the Eco-
estate must pay the excess.5 In recent years, just under
nomic Growth and Tax Relief Reconciliation Act of 2001
half of the estates filing returns have been liable for estate
(EGTRRA) modified the estate tax in ways that will
taxes.
cause it to change every year through 2011.
The amount of assets exempt from the estate tax has been
Under those laws, a unified credit applies to the sum of
raised—and the top tax rate reduced—in recent years
all taxable gifts made during a taxpayer’s lifetime plus the
under TRA-97 and EGTRRA. Those trends are sched-
value of assets left at death.2 In 2005, the credit effec-
uled to continue for the next five years (see Table 1).
tively shelters up to $1.5 million from the unified estate
TRA-97 initially sheltered up to $600,000 from taxation,
and gift taxes.3 Only estates worth more than that
an amount that was scheduled to rise to $1 million by
amount must file an estate tax return, a provision that
2006 before EGTRRA accelerated the increase. Under
leaves the vast majority of estates exempt—fewer than 2
TRA-97, estate tax rates ranged from 37 percent to 55
percent have to file returns. In calculating whether those
percent, although a 5 percent surtax on estates valued
estates owe estate taxes, various deductions and exemp-
between $10 million and $17.184 million phased out the
tions are permitted. For example, a surviving spouse can
benefit of the unified credit, effectively raising the mar-
inherit an unlimited amount without paying taxes. That
option, combined with the use of a “bypass trust,” allows
ginal tax rate (the rate on an additional dollar of wealth)
married couples to double the amount of wealth that can
to 60 percent for estates in that range.
4. In essence, a trust is created at the first spouse’s death with assets
1. For a history of the estate tax through 2000, see Joint Committee
equal to the amount exempt from taxation. The surviving spouse
on Taxation, Description and Analysis of Present Law and Proposals
is the beneficiary of the trust, with the heirs becoming the benefi-
Relating to Federal Estate and Gift Taxation, JCX-14-01 (March
ciaries when the surviving spouse dies. Because the size of the trust
14, 2001).
equals the exemption level, creation of the trust does not trigger
2. Taxpayers are currently allowed to give $11,000 annually to each
the estate tax, and wealth above the exemption amount may be
of any number of recipients without paying gift taxes (a threshold
passed on to the spouse tax-free through the unlimited spousal
that rises by $1,000 for every 10 percent increase in the consumer
deduction. When the surviving spouse dies, tax is due on the
price index). The unified credit applies to any gifts in excess of the
wealth bequeathed to heirs in excess of the exemption level, but
annual limit.
none is due on the trust because it is not part of the second
spouse’s estate.
3. Taxable gifts that cumulatively total more than $1 million are sub-
ject to gift taxes. At death, estate taxes are levied on the sum of
5. For more details about the estate tax, see Jane G. Gravelle and
cumulative taxable gifts and the value of the taxable estate. The
Steven Maguire, Estate and Gift Taxes: Economic Issues, Report for
estate tax liability on that sum is reduced by any gift taxes paid
Congress RL30600 (Congressional Research Service, updated
previously.
June 24, 2005).
2
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Table 1.
Scheduled Changes in Tax Rates and Exemption Amounts for Estate and
Gift Taxes Under EGTRRA
Estate Tax
Gift Tax
Lowest Tax Rate
Highest Tax Rate
Exemption Amount
Highest Tax Rate
Exemption Amount
(Percent)
(Percent)
(Millions of dollars)
(Percent)
(Millions of dollars)
2002a
41
50
1.0
50
1.0
2003a
41
49
1.0
49
1.0
2004a
43
48
1.5
48
1.0
2005a
43
47
1.5
47
1.0
2006
45
46
2.0
46
1.0
2007-2008
45
45
2.0
45
1.0
2009
45
45
3.5
45
1.0
2010b
0
0
n.a.
35
1.0
After 2010
41
55/60 c
1.0
55/60 c
1.0
Source:
Congressional Budget Office.
Note: EGTRRA = Economic Growth and Tax Relief Reconciliation Act of 2001; n.a. = not applicable.
a.
Between 2002 and 2005, the credit for estate taxes levied by states was reduced by 25 percentage points each year and replaced by a
deduction. Thus in 2005, estates could only deduct estate taxes paid to states. (See Box 1.)
b.
Under EGTRRA, the estate tax will be repealed in 2010, and the maximum tax rate on gifts will equal the top individual income tax rate, 35
percent.
c.
Estates valued at $10 million to $17.184 million are subject to a maximum tax rate of 60 percent in order to eliminate the value of the
exempt amount of assets. Estates valued at more than $17.184 million are taxed at an average rate of 55 percent.
Under EGTRRA, the maximum tax rate was lowered to
Provisions of the Estate Tax That
50 percent in 2002; it is scheduled to fall to 45 percent
Affect Farms and Small Businesses
by 2007. The amount of wealth exempt from taxation
Lawmakers first made special provisions for small busi-
rose to $1 million in 2002 and $1.5 million in 2004 and
nesses under the estate tax in 1958 when the Small Busi-
will increase to $2 million in 2006 and $3.5 million in
ness Tax Revision Act allowed some estates containing
2009. In 2010, the estate tax will be eliminated. The fol-
“closely held businesses” to pay their estate taxes over 10
lowing year, however, with the scheduled expiration of
years.6 Subsequent laws added other provisions targeted
EGTRRA, the estate tax will be reinstated at the levels
toward estates that include farms or small businesses.
defined in TRA-97: an effective exemption of $1 million
and a maximum tax rate of 55 percent. (EGTRRA also
B The Tax Reform Act of 1976 allowed estates to value
affected the estate taxes levied by many states; for details,
farms and closely held businesses at their “current use”
see Box 1.)
value rather than their “highest and best use” value,
with the stipulation that heirs keep the property in its
Critics of the estate tax argue that it may pose a special
current use for at least 15 years. The law also extended
hardship for families trying to pass along a farm or small
to 14 years the period over which estates with closely
business. This analysis evaluates the evidence of the tax’s
held business assets could pay estate taxes.
effects on those operations, focusing on how it might in-
fluence the behavior of farmers and small-business own-
ers during their lives and the extent to which their estates
6. A closely held business is defined as either a sole proprietorship or
lack enough liquid assets to pay estate taxes. The analysis
a partnership or corporation in which one-fifth of the business’s
value is included in determining the gross estate or in which there
also looks at how raising the exemption amount would
are 45 or fewer owners. The value of the business is defined in
affect the number of estates that lack sufficient liquid
terms of the total capital (for partnerships) or the voting stock (for
assets to cover their estate tax liabilities.
corporations).
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
3
Box 1.
Estate Taxes Levied by States
In addition to the federal government, many states
mum tax in cases in which the state tax was less than
impose taxes on large estates. Prior to the enactment
the federal credit.
of the Economic Growth and Tax Relief Reconcilia-
tion Act of 2001 (EGTRRA), every state and the
EGTRRA phased out the federal credit for state es-
District of Columbia levied a tax on estates that was
tate taxes over four years, replacing it with a deduc-
at least equal to the amount of state-level estate taxes
tion in 2005. Eliminating the credit meant that state
allowed as a credit on the federal estate tax return.
estate taxes would disappear for the 32 states and the
Most states used that federal credit to determine the
District of Columbia that tied their tax directly to
size of their estate tax levy: 32 states and the District
the federal credit. Seven of those states and the Dis-
of Columbia defined their tax levels on the basis of
trict acted to “decouple” their tax from the federal
the federal tax credit in effect on the date of a per-
credit, redefining the levy to equal the federal credit
son’s death, and five states used the federal credit in
on a date before the passage of EGTRRA. The other
effect on a specific date. The other 13 states either
25 states allowed their estate taxes to phase out with
assessed inheritance taxes on heirs or charged their
the federal credit and thus are levying no state-level
own estate tax and used the federal credit as a mini-
estate tax in 2005.
B The Economic Recovery Act of 1981 shortened to 10
involves minority discounts. Those discounts reflect the
years the period during which heirs had to continue
fact that a minority share in an ongoing business opera-
using farms or closely held businesses to be able to
tion is generally worth less than the equivalent share of
value assets at their current use and increased to
the market value of the whole business, because the
$750,000 the maximum reduction from using that
majority owners can act in ways that adversely affect the
valuation; liberalized the conditions under which
value of the minority owner’s share. (For example, if the
estates with closely held businesses could pay estates
majority owners were also officers of the company, they
taxes over time; and extended the opportunity to pay
could enact policies that would increase their income at
taxes over time to certain holding companies.
the expense of minority owners’ assets.) Heirs to a family
farm or small business often receive minority interests in
B TRA-97 provided an exclusion of up to $675,000 for
the operation; in that case, the estate can reduce its tax
qualified family-owned business-interest (QFOBI)
liability by claiming minority discounts.
assets, in addition to the basic exclusion available to all
estates.7
What Is a Small Business?
The current-use provisions in the 1976 law are one
Examining how the estate tax affects small businesses is
method whereby estates can lower their tax liability by
hampered by the lack of a clear consensus about what
discounting (claiming a reduced value of ) assets that are
constitutes a small business. The Small Business Adminis-
subject to the estate tax. Another approach, which is par-
tration, for example, defines a small business as one that
ticularly important to family farms and small businesses,
is “independently owned and operated” and that meets
certain limits on the number of employees and average
7. EGTRRA implicitly repealed the exclusion for family-owned
annual revenue. Those limits vary by industry, however,
business interests in 2004 because the amount of the effective
ranging from 100 to 1,500 employees and from
exemption in that year—$1.5 million—exceeded the $1.3 million
$750,000 to $28.5 million in annual revenue.8 Similar
previously available to small businesses by combining the QFOBI
and the general estate tax exemption. EGTRRA continued the
provisions allowing special valuation and tax-deferral options for
8. See Small Business Administration, “Size Standards,” at http://
farms and small businesses, however.
app1.sba.gov/faqs/faqindex.cfm?areaID=15.
4
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
variation exists in the standards used in the tax code: a
Potential Effects of the Estate Tax
small business can have gross receipts of no more than
on the Behavior of Farmers
$500,000 for calculating certain excise taxes but up to
and Business Owners
$50 million for some stock sales.9
How farmers and owners of small businesses react to the
Laws governing the federal income tax establish three
estate tax is a central consideration in determining its
types of small businesses: S corporations, limited partner-
effects. One possibility is that, like others who do not
ships, and sole proprietorships. S corporations and lim-
expect their estates to be large enough to be subject to the
ited partnerships are generally treated as “pass-through”
tax, people in those groups do not alter their behavior in
entities, meaning that income from the business is taxed
response to the estate tax. Alternatively, like others who
at the individual level, not the corporate level. An S cor-
expect to owe the tax, they may choose to save more than,
poration may have no more than 35 owners of its stock;
less than, or the same as they would have otherwise. In
no such limit exists for a limited partnership. A sole pro-
addition, they may have different motives than the rest of
prietorship is any taxpayer who has income from a busi-
the population or face different incentives as a result of
ness and files a Schedule C along with his or her federal
the targeted provisions of the estate tax. Little direct evi-
income tax return. Sole proprietors must pay payroll taxes
dence exists about the effects of the estate tax on entrepre-
(both the employer’s and employee’s shares) on their earn-
neurial effort. However, like the income tax, the estate tax
ings but may use business and home-office deductions
may reduce business investment and hiring by farmers
not available to regular wage and salary workers.10
and business owners to some degree and thus slow the
rate of growth of their enterprises.
Laws governing the federal estate tax define two forms of
small businesses: family-owned businesses (which are eli-
Why Do People Accumulate Assets?
gible for the QFOBI deduction) and closely held busi-
The estate tax potentially reduces the inheritance avail-
nesses. A family-owned business must satisfy a lengthy set
able to heirs. Whether the tax affects decisions about how
of requirements on ownership and income (see Box 2). A
much to work and save depends on people’s motives. At
closely held business has no constraints on its size but
one extreme, people may save only to meet their own
faces other limits. All sole proprietorships qualify as
retirement needs and leave estates because they uninten-
closely held businesses, but partnerships and corporations
tionally fail to spend all of their assets. In that case, estates
must meet one of two requirements: the estate must own
will not play a role in their planning, so they should act
at least 20 percent of the business’s value or the business
no differently in the face of the estate tax. At the other
must have no more than 45 partners or shareholders.
extreme, people may intend to leave the largest possible
estate to their heirs. In that case, by raising the cost of
The variety of definitions and forms of small business
leaving assets to heirs, the estate tax may lead them to
that exist precludes a comprehensive examination of the
work, save, and invest less during their life. Or, by reduc-
effect of the estate tax on small businesses. Instead, this
ing the after-tax size of the inheritances that heirs receive,
analysis examines the business forms that have been pre-
it may lead such savers to work, save, and invest more to
viously studied or for which data are available. For exam-
compensate for the loss to taxes.
ple, when using data from tax returns, the analysis defines
a small business as one for which an estate claimed a
Observed behavior offers mixed evidence about people’s
QFOBI deduction.
motives in regard to their potential estates. On the one
hand, the very existence of bequests—intentional or
9. See Joint Committee on Taxation, Overview of Present Law and
otherwise—may argue that saving is not driven solely by
Selected Proposals Regarding the Federal Income Taxation of Small
one’s needs during one’s lifetime. People can purchase
Business and Agriculture, JCX-19-0 (March 2001).
annuities, which give them regular payments until death
10. C corporations are omitted here because they have no limit on
and leave nothing to their heirs, or reverse mortgages,
their number of shareholders and are not pass-through entities.
Another type of business, a limited liability corporation, is defined
which provide them with a stream of income in life at the
by state law and may be a partnership or an S corporation.
expense of not passing their home equity on to their
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
5
Box 2.
How the Estate Tax Defines a Family-Owned Business
To qualify as a family-owned business—and thus be
decedent’s death can be income from a personal
able to claim the qualified family-owned business-
holding company.
interest (QFOBI) deduction on an estate tax re-
turn—a business owned at least partly by an estate
B The decedent must have been a citizen or resident
must be either a sole proprietorship or an entity to
of the United States at the date of death, and the
which one of the following three conditions applies:
business must be located in the United States.
B At least 50 percent of the entity is owned by the
B The business interest must be includable in the
decedent or members of the decedent’s family;
gross estate.
B At least 70 percent of the entity is owned by
B The interest must have passed to or been acquired
members of two families, and at least 30 percent
by a qualified heir from the decedent.
is owned by the decedent or members of the dece-
dent’s family; or
B The adjusted value of the qualified family-owned
business interest must exceed 50 percent of the
B At least 90 percent of the entity is owned by
adjusted gross estate. (That value is reduced to the
members of three families, and at least 30 percent
extent that the business holds passive assets or ex-
is owned by the decedent or members of the dece-
cess cash or marketable securities.)
dent’s family.
B The decedent or a member of the decedent’s fam-
The business must satisfy other requirements as well:
ily must have owned the business for five of the
eight years before the decedent’s death. In addi-
B It cannot have been publicly traded within three
tion, the decedent’s family must have materially
years of the decedent’s death.
participated in the business for five of those eight
years.
B No more than 35 percent of the business’s ad-
justed ordinary gross income for the year of the
heirs.11 The infrequency with which people choose those
bequests should act to minimize the estate and gift taxes
investments (even in light of their costs from adverse
they will pay. But analysis has shown that many individu-
selection) suggests that individuals accumulate assets with
als fail to take obvious steps to reduce those taxes; for
the intention of leaving bequests.
example, many people whose estates will be taxed do not
use the annual gift tax exemption of $11,000 per recipi-
On the other hand, surveys of the wealthy indicate that
ent per donor.13
passing on assets to heirs is not their primary reason for
saving.12 Moreover, people who want to maximize their
13. Because $11,000 may be passed by each parent to each heir tax-
free, two parents leaving an estate to two heirs could give them up
11. See Edward J. McCaffery, “Grave Robbers: The Moral Case
to $44,000 per year without taxation. However, parents typically
Against the Death Tax,” Tax Notes, vol. 85, no. 11 (December 13,
give far less than that maximum. See James Poterba, “Estate and
1999), pp. 1429-1443.
Gift Taxes and Incentives for Inter Vivos Giving in the United
12. See Christopher Carroll, “Why Do the Rich Save So Much?” in
States,” Journal of Public Economics, vol. 79, no. 1 (January 2001),
Joel Slemrod, ed., Does Atlas Shrug? The Economic Consequences of
pp. 237-264; and Kathleen McGarry, “The Cost of Equality:
Taxing the Rich (New York: Russell Sage and Harvard University
Unequal Bequests and Tax Avoidance,” Journal of Public Econom-
Press, 2000), pp. 465-484.
ics, vol. 79, no. 1 (January 2001), pp. 179-204.
6
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Lessons from the Income Tax
Table 2.
The estate tax could affect farmers and business owners
Income Tax Rates Equivalent to a
differently from other people because of the business
aspects of their wealth accumulation. In one survey,
43 Percent or 14 Percent Estate Tax
some small-business owners stated that the high levels of
(Percent)
the estate tax were powerful disincentives to invest and
43 Percent
14 Percent
hire new employees.14 Economic studies of the estate tax
Estate Taxa
Estate Taxb
have not reached strong conclusions about its effects on
Rate of
20 Years
30 Years
20 Years
30 Years
entrepreneurial behavior. However, estate taxes reduce
Return
Until Until
Until Until
after-tax returns on investment just as income taxes do,
on Capital
Death
Death
Death
Death
and a large body of research suggests that the income tax
6
31
26
9
7
discourages entrepreneurial effort to some degree.15
8
28
22
8
6
10
25
19
7
5
To cast the burden of the estate tax in a more familiar
form, the Congressional Budget Office (CBO) translated
Source:
Congressional Budget Office.
the estate tax into its income tax equivalent. That transla-
Note: Each entry equals the annual income tax rate imposed on
tion involved calculating what income tax rate, if applied
capital income that would yield the same total asset value at
annually to an entrepreneur’s income for a certain num-
death as assets subject to an estate tax of either 43 percent
or 14 percent (but not subject to income taxes), assuming a
ber of years, would result in the same amount of assets
given rate of return on capital and a given life expectancy.
after death as an estate tax with a flat 43 percent rate (the
a.
The minimum estate tax rate in 2005.
lowest applicable rate in 2005 under EGTRRA). Al-
though actual situations would be complicated by issues
b.
The typical estate tax that estates would have owed had the tax
rates of 2005 been in effect in 2000.
14. See Joseph H. Astrachan and Robert Tutterow, “The Effect of
such as a person’s reason for leaving an estate and by
Estate Taxes on Family Business: Survey Results,” Family Business
uncertainty about when the person will die, CBO made
Review, vol. 9, no. 3 (September 1996), pp. 303-314.
several simplifying assumptions for the analysis: that all
15. See Donald Bruce, “Effects of the United States Tax System on
income is invested at a fixed rate of return, that all returns
Transitions into Self-Employment,” Labour Economics, vol. 7,
are reinvested in the farm or business, and that the owner
no. 5 (2000), pp. 545-574; Robert Carroll and others, “Personal
knows when he or she will die. Applying that translation
Income Taxes and the Growth of Small Firms,” in James Poterba,
ed., Tax Policy and the Economy (Cambridge, Mass.: MIT Press,
to predicted estate taxes, as calculated using a simplified
2001), pp. 121-147; Robert Carroll and others, “Entrepreneurs,
version of CBO’s estate tax model, provides estimates of
Income Taxes and Investment” in Joel Slemrod, ed., Does Atlas
the equivalent income tax rates that an entrepreneur
Shrug? The Economic Consequences of Taxing the Rich (New York:
faces. (The appendix explains CBO’s method in more
Russell Sage and Harvard University Press, 2000), pp. 427-455;
Robert Carroll and others, “Income Taxes and Entrepreneurs’ Use
detail.)
of Labor,” Journal of Labor Economics, vol. 18, no. 2 (2000),
p. 324-351; Julie B. Cullen and Roger H. Gordon, Taxes and
In some circumstances, the estate tax is equivalent to a
Entrepreneurial Activity: Theory and Evidence in the U.S., Working
high marginal income tax rate. For example, a 31 percent
Paper No. 9015 (Cambridge, Mass.: National Bureau of Eco-
income tax imposed annually on earnings from an invest-
nomic Research, June 2002); Robert W. Fairlie and Bruce D.
Meyer, “Trends in Self-Employment Among White and Black
ment that yielded 6 percent a year for 20 years would
Men: 1910-1990,” Journal of Human Resources, vol. 35, no. 4
result in the same after-tax wealth as a 43 percent tax on
(2000), pp. 643-669; William M. Gentry and R. Glenn Hubbard,
that investment 20 years from now (see Table 2). Thus,
“Tax Policy and Entry Into Entrepreneurship” (draft, June 2004);
for a person who expects to live 20 years, a 43 percent
Douglas Holtz-Eakin, John W. Phillips, and Harvey S. Rosen,
estate tax is equivalent to a 31 percent income tax (assum-
“Estate Taxes, Life Insurance and Small Business,” Review of Eco-
nomics and Statistics, vol. 83, no. 1 (February 2001), pp. 52-63;
ing a 6 percent rate of return).16
David Joulfaian and Mark Rider, “Differential Taxation and Tax
Evasion by Small Business,” National Tax Journal, vol. 51, no. 4
Higher rates of return and longer life spans are both
(December 1998), pp. 676-687; and Herbert J. Schuetze, “Taxes,
associated with lower income tax rates, because deferring
Economic Conditions and Recent Trends in Male Self-Employ-
ment: A Canada-U.S. Comparison,” Labour Economics, vol. 7,
no. 5 (2000), pp. 507-544.
16. By comparison, the top statutory income tax rate is 35 percent.
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
7
taxes rather than paying them annually yields benefits.
a decedent’s life would yield the same after-tax wealth at
Under an income tax, realized returns from an invest-
the time of death as the person’s actual estate, net of estate
ment are taxed before they are reinvested, whereas the
taxes? To simulate that rate, CBO assumed that the per-
estate tax only taxes those returns at the end of the
son invested an amount at age 45 large enough to grow,
owner’s life. In essence, returns grow on a “pretax” basis
by 4 percent annually, to the gross estate reported on the
with respect to the estate tax, yielding a greater after-tax
estate tax return.18 The analysis suggests that under 2000
estate than would a tax of the same rate that was applied
estate tax law, two-thirds of such estates with gross assets
as returns were reinvested. A greater rate of return in-
of more than $675,000 (the filing threshold that year)
creases that gap, so a given estate tax translates into a
would have owed no estate taxes, so the equivalent in-
lower equivalent income tax when rates of return are
come tax for them was zero. On average for all such
higher.17 For example, a life expectancy of 30 years and a
estates filing returns in 2000, estate taxes were equivalent
rate of return of 6 percent suggest an equivalent income
to a 4 percent income tax applied annually over the simu-
tax of 26 percent (see Table 2). But a 10 percent rate of
lated investment period. For only those estates with estate
return—about the annual nominal increase in stock
tax liability, the average equivalent income tax rate was 11
indexes since World War II—over 30 years suggests an
percent, and the median rate was 9 percent.
equivalent income tax of 19 percent.
The estate tax differs from the income tax in that it comes
Looking at the income tax rates implied by a 43 percent
due not at a fixed date but rather at an unknown time in
estate tax is appropriate for entrepreneurs whose net
the future. Because the returns and assets of an enterprise
worth is already large enough that their estates would
vary over time, the amount of estate tax due also varies.19
incur tax liability if they died immediately, because every
That variation could be particularly risky for a farmer or
additional dollar they saved would be taxed at a marginal
business owner: if the estate does not hold enough liquid
rate of 43 percent or more under the estate tax. Many
assets to pay the estate tax, then heirs could be forced to
farms and small businesses are currently worth less than
sell the farm or business.
$1.5 million, however, and owners of those enterprises
would face no estate tax were they to die immediately. If
That problem can be ameliorated with life insurance,
the owner’s decision to reinvest in the farm or business
although predicting what the value of the business will be
determines whether an estate will exceed the filing thresh-
at the time of the owner’s death may be difficult.20 How-
old for the estate tax, then the average tax rate may be a
ever, the proceeds from life insurance are themselves
more appropriate comparison than the marginal tax rate.
subject to estate taxes, unless owners employ devices such
Had the estate tax rates of 2005 been in effect in 2000,
as an irrevocable life insurance trust.21 Alternatively, a
the typical estate tax (for those owing tax under current
farmer or business owner might elect to keep enough liq-
exemptions and rates) would have been about 14 percent
uid assets on hand to pay the estate tax, providing greater
of the gross estate. That rate implies much lower income
tax rates for every rate of return (see Table 2). For exam-
ple, a person expecting to live 20 years and earning a 6
18. With no knowledge of the amount or timing of actual invest-
percent return faces estate taxes equivalent to an income
ments, CBO assumed that the person made the full investment at
age 45 and reinvested all returns in the farm or business. If death
tax of 9 percent; with a life expectancy of 30 years and a
occurred before age 55, the analysis assumed that the investment
10 percent rate of return, the estate tax is equivalent to
took place 10 years before death. In all cases, the simulation
only a 5 percent income tax.
assumed a 4 percent annual rate of return, roughly the historical
average.
A more realistic picture comes from simulating equivalent
19. See James Poterba, “The Estate Tax and After-Tax Investment
income tax rates using information on actual estates that
Returns,” in Joel Slemrod, ed., Does Atlas Shrug? The Economic
filed estate tax returns in 2000 and claimed QFOBI
Consequences of Taxing the Rich (New York: Russell Sage and Har-
deductions. The question posed in that analysis is, What
vard University Press, 2000), pp. 329-349.
income tax rate applied to an investment made earlier in
20. See Douglas Holtz-Eakin, John W. Phillips, and Harvey S. Rosen,
“Estate Taxes, Life Insurance and Small Business,” Review of Eco-
nomics and Statistics, vol. 83, no. 1 (February 2001), pp. 52-63.
17. The inverse relationship between rate of return and equivalent
income tax rate also implies that to the extent that higher rates of
21. Such devices must be used with caution because a business owner
return are associated with greater risk, an estate tax encourages
cannot borrow against an irrevocable life insurance trust, even if
risk-taking more than an income tax does.
the survival of the business is at stake.
8
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Box 3.
Estimating the Number of Estates Belonging to Farmers
Along with using the number of estates claiming the
would not qualitatively change the conclusions.
qualified family-owned business-interest deduction
(That definition would result in a sample size of
to indicate small businesses, the Congressional Bud-
about 5,500 estates in 2000.) Further, some estates
get Office used two methods to estimate the number
may have listed farm assets in other categories, such
of farmers represented on estate tax returns. The
as limited partnership assets. Because only the largest
broader measure defined a farmer as anyone who was
estates are required to file returns, the estates consid-
reported to have worked in the “agricultural crop” or
ered in this analysis belong to wealthy people in
“livestock” industry or anyone whose occupation was
farming industries, not to subsistence farmers or
listed as “nonhorticultural farmer,” “farm worker,”
migrant workers.
“farm supervisor,” or “farm manager.” That defini-
tion included people not usually considered farmers,
Gross Estates of Farmers in 2000
such as bookkeepers and secretaries working for
dairy farms, investors in farm real estate, and com-
Broad
Narrow
modity brokers. The narrower measure defined a
Sample Sample
farmer as anyone who worked in one of those two
Total Number of Estates
5,308
4,641
industries and had one of those four occupations.
Gross Value of Estate (Dollars)
The two definitions yielded similar samples of estates
Average 1,814,000
1,801,000
(see the table at right).
Median 987,000
982,000
Standard deviation
19,737,000
20,861,000
Even that narrower definition may be far too broad,
Interquartile rangea
647,000
640,000
however: almost 40 percent of the estates in that
5th percentile
660,000
664,000
sample reported no farm assets. Defining a farmer
95th percentile
3,182,000
3,035,000
only as a nonhorticultural farmer working in the
agricultural crop or livestock industry would sub-
Source:
Congressional Budget Office based on data from the
stantially reduce the number of estates but not alter
Internal Revenue Service’s Statistics of Income files.
the conclusions of the analysis. Similarly, defining a
a.
The distance between the 75th percentile and the 25th
farmer’s estate as one in which farm assets accounted
percentile.
for at least 35 percent of the gross value of the estate
flexibility in access to funds. Whether through life insur-
afford to pay taxes can be addressed using more-concrete
ance premiums or personal saving, paying the estate tax
data. The estate tax return that must be filed within nine
can be translated from a lump-sum payment into a series
months of a person’s death (if the gross value of the estate
of expenditures similar to regular income tax payments.22
exceeds the filing threshold) contains a variety of infor-
mation: the value of the estate before and after various
Affordability of the Estate Tax
credits and deductions; the decedent’s occupation and
industry; and the estate’s assets, such as personal resi-
Unlike the issue of whether the estate tax influences
dence, business assets, liquid assets, and so forth. CBO
behavior, which must be examined through surveys and
used data from estate tax returns filed in 1999 and 2000
economic modeling, the issue of whether estates can
(the most recent years for which data were available when
the analysis was conducted) to compare the size of estates
22. Note that money allocated to paying estate taxes does not leave
left by farmers and small-business owners with those of
the economy, so there is little change in economic activity. Life
insurance premiums and money deposited in financial institutions
the population at large and to compare estates’ tax liabil-
are both loaned and invested.
ity with their liquid assets.
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
9
Several factors complicate those comparisons. First, the
Table 3.
distribution of estates filing estate tax returns is extremely
Characteristics of Estates That Filed
asymmetrical. The average size of an estate filing a return
may therefore be a misleading indicator of the overall
Estate Tax Returns in 1999 or 2000
group, because a small number of very large estates can
dramatically raise the average. For that reason, this analy-
1999
2000
sis reports not only averages but also medians (the mid-
Estates Filing Tax Returns
point of a distribution) and other percentile statistics that
Total Number of Estates
103,993
108,322
shed more light on the distribution of estates.
Gross Value of Estate (Dollars)
Second, the information about occupation, industry, and
Average
1,899,000
2,024,000
assets reported on estate tax returns makes it difficult to
Median 1,027,000
1,092,000
identify whether a decedent owned a family farm or small
Standard deviation
8,770,000
10,016,000
business. Thus, CBO had to make assumptions in classi-
Interquartile rangea
861,000
888,000
fying estates, and those classifications are only approxi-
5th percentile
648,000
684,000
95th percentile
4,700,000
4,924,000
mate (see Box 3 for more details). For the purposes of this
analysis, a small-business estate is defined as one claiming
Estates Owing Estate Taxb
a QFOBI deduction—about 1 percent of the estates fil-
Total Number of Estates
49,869
52,000
ing returns in 2000.23 A farm estate is one in which the
decedent is identified as a “farmer” or “farm worker” of
Gross Value of Estate (Dollars)
Average
2,410,000
2,540,000
any kind—about 4 percent to 5 percent of estates filing
Median 1,171,000
1,231,000
returns. Because of those data limitations, CBO’s analysis
Standard deviation
12,087,000
13,787,000
may have omitted some estates that contained small busi-
Interquartile rangea
1,037,000
1,077,000
nesses and may have included too few or too many family
5th percentile
726,000
753,000
farms.
95th percentile
6,207,000
6,358,000
Characteristics of Estates Filing Returns
Amount of Tax Paid (Dollars)
in 1999 and 2000
Average
460,000
469,000
The distribution of assets reported on estate tax returns is
Median 125,000
131,000
highly skewed. In all, about 104,000 estates, with an
Standard deviation
2,360,000
1,939,000
average worth of $1.9 million, filed returns in 1999, and
Interquartile rangea
304,000
306,000
about 108,000 estates, with an average worth of $2.0 mil-
5th percentile
7,000
6,000
lion, filed returns in 2000 (see Table 3). Those average
95th percentile
1,682,000
1,762,000
values do not represent the typical estate: 80 percent of
Source:
Congressional Budget Office based on data from the
the estates that filed returns were worth less than the aver-
Internal Revenue Service’s Statistics of Income files.
age.24 The median estate filing a return had a net worth
Note: Estates are subject to the tax law in effect in the year of
of about $1.0 million in 1999 and in 2000. (The filing
death, but they do not have to file estate tax returns until
nine months after the date of death. As a result, returns filed
23. CBO used that definition rather than sole proprietorship because
in a given year may be subject to different tax law. Returns
although it is possible to identify sole proprietors from income tax
filed in 1999 or 2000 could claim different effective exemp-
returns, the same is not the case with estate tax returns. Those
tions, depending on the date of death: $625,000 for 1998,
returns need not note the presence of a Schedule C in a decedent’s
$650,000 for 1999, or $675,000 for 2000.
final income tax filing, and the required reporting of types of
assets in an estate cannot reliably identify all sole proprietors.
a.
The distance between the 75th percentile and the 25th percen-
tile.
24. That asymmetry can be seen another way: the 5th percentile of
estates filing returns in 1999 was about $648,000, meaning that
b.
CBO included only estates that owed taxes on the estate remain-
95 percent of estates filing returns were at least that large. If the
ing at death. Estates that had paid gift taxes but did not owe
distribution of assets was symmetrical, the 95th percentile would
additional estate taxes upon death were excluded. There were
be about $1.35 million; that is, only 5 percent of estates would
fewer than 500 such estates in 2000.
exceed that amount. The actual 95th percentile is $4.7 million.
10
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Table 4.
Estates Filing Estate Tax Returns in 1999 or 2000, by Decedent’s Marital Status
Estates Filing Tax Returns
Estates Owing Estate Tax
1999
2000
1999
2000
Never Married
8,151
8,726
5,301
6,060
Married
45,378
48,198
6,078
5,824
Widowed
44,948
46,164
34,535
36,307
Separated, Divorced, or Unknown
5,516
5,234
3,956
3,808
_______
_______
______
______
Total
103,993
108,322
49,869
52,000
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
thresholds in those years ranged from $625,000 to
richest 10 percent of estates filing returns held 45 percent
$675,000, depending on a person’s year of death.)
of the wealth and paid two-thirds of the taxes, and the
richest 2 percent of estates (those larger than $8.6 mil-
More than half of the estates filing returns in 1999 and
lion) owned about 25 percent of the wealth and paid
2000 had a net value that was too low to owe any estate
about 40 percent of all estate taxes.26 (Total estate tax
tax. The most common reason was the unlimited spousal
collections were $22.9 billion in 1999 and $24.4 billion
bequest: almost three-quarters of decedents whose estates
in 2000.)27
owed no tax were married. (See Table 4 for information
on the marital status of decedents whose estates filed
As noted above, tax laws allow wide variation in the size
returns.) Fewer than half of estates that filed a return
of a small business—when size limits exist at all—which
owed any tax, and those estates were generally larger than
means that there is no inherent reason to presume that
ones with no tax liability. The average size of those estates
the typical estate of a small-business owner that files an
was $2.4 million in 1999 and $2.5 million in 2000, with
estate tax return will be either smaller or larger than the
median values about half as large (see Table 3). On aver-
typical estate filing a return. Moreover, although about 6
age, their tax payments were about $460,000 in 1999
percent of estate tax returns report farming, forestry, or
and $469,000 in 2000. The median payment was much
fishing as the decedent’s occupation, and a similar share
smaller: about $125,000 in 1999 and $131,000 in
lists agricultural production as the decedent’s industry
2000.25 The relatively large difference between the aver-
(see Table 5), nothing in the definitions of those terms
age tax paid and the median tax paid reflects the top-
limits them to either small family farms or large agribusi-
heavy distribution of estates and the progressivity of the
nesses.
estate tax.
In 2000, estates that claimed the QFOBI deduction were
larger than a typical estate: their average value was $3.1
Because the estate tax is progressive, larger estates pay a
million (compared with $2.0 million for all estates filing
disproportionate share of estate taxes. In 1999, for exam-
returns), and their median value was $1.3 million (com-
ple, the bottom 20 percent of estates that filed returns ac-
pared with $1.1 million for all estates). By contrast, peo-
counted for only about 7 percent of the total gross value
ple identified as farmers or farm workers left estates that
of estates filing returns (see Figure 1). That bottom 20
were smaller than a typical estate: an average value of $1.8
percent of estates paid less than 1 percent of total estate
taxes collected. Likewise, the top 50 percent of estates
accounted for 79 percent of the gross value and paid 96
26. It is important to note that those statistics include only the wealth
of estates filing returns—a small fraction of all personal wealth in
percent of the taxes. Even within that group, the distribu-
the United States.
tion of wealth and estate taxes was extremely uneven. The
27. Barry W. Johnson and Jacob M. Mikow, “Federal Estate Tax
Returns, 1998-2000,” Statistics of Income Bulletin (Spring 2002),
25. In those years, the average tax payment equaled 13 percent of the
Figure M, p. 145, available at www.irs.gov/pub/irs-soi/00esart.
value of the estate, and median payment equaled 10 percent.
pdf.
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES 11
Figure 1.
lar terms ($670,000). The largest average percentage dis-
Distribution of Gross Value and
count (51 percent) was taken for undeveloped land or
farmland, although those assets had the smallest average
Estate Tax Liability of Estates Filing
discount in dollars ($67,000). Those numbers are some-
Estate Tax Returns in 1999
what unreliable, however, because some estates may have
used minority discounting informally without recording
(Percent)
it on their estate tax return, and some may have estab-
100
Gross Value
lished limited partnerships for reasons unrelated to a
($2,936,000) 90
small business.
($1,887,000) 80
($1,465,000) 70
Even among estates that claimed the QFOBI deduction,
little is known about the nature of the small business, and
($1,207,000) 60
those estates varied widely in the types of assets they re-
Gross Value
($1,027,000) 50
of Estates
($908,000) 40
Table 5.
($813,000) 30
A
Common Occupations and Industries
($744,000) 20
Estate Tax
of Decedents Whose Estates Filed
($679,000) 10
B
Paid
Estate Tax Returns in 2000
($600,000)
0
0
10
20
30
40
50
60
70
80
90
100
Percentage
of Total
Source:
Congressional Budget Office based on data from the
Internal Revenue Service’s Statistics of Income files.
Occupation
Note: The Lorenz curves shown here sort estates by size from
Professional Specialty Occupations
30
smallest to largest and show the cumulative percentage of
Executive and Managerial Occupations
27
gross value or taxes for each cumulative percentage of
Sales Occupations
17
estates. For example, the bottom 50 percent of estates filing
Administrative Support Occupations
9
returns accounted for about 20 percent of the gross value of
Farming, Forestry, and Fishing Occupations
6
estates filing returns (Point A) and paid about 4 percent of
Precision Production, Craft, and Repair Occupations
4
total estate taxes (Point B).
Operators, Fabricators, and Laborers
2
Technicians
2
million in 2000 and a median value of $987,000 (see
Service Occupations
2
Table 6).
Military
1
Although several provisions of estate tax law can reduce
Industry
the burden on farms and family businesses, few estates
Professional and Related Services
29
took advantage of them in 1999 or 2000. CBO estimates
Manufacturing
15
that about 600 estates employed the special-use valuation
Finance, Insurance, and Real Estate
14
of assets in 1999; that figure rose to about 1,100 estates
Retail Trade
12
Public Administration
7
in 2000. Slightly fewer than 900 estates used the QFOBI
Agricultural Production
6
deduction in 1999, and almost 1,500 used it in 2000.
Transportation, Communications, Utilities
6
Between 500 and 700 estates deferred their taxes in 1999
Construction
5
and 2000.
Wholesale Trade
2
Personal Services
2
The number of estates that claimed minority discounts
Entertainment and Recreational Services
1
on business assets in 2000 was much larger: just over
Mining
1
8,000. Many of the discounts appear to have been used
Forestry, Fisheries, and Agricultural Services
1
by estates with small-business or farm assets (see Table 7).
Closely held stock was the asset most commonly dis-
Source:
Congressional Budget Office based on data from the
Internal Revenue Service’s Statistics of Income files.
counted and also had the highest average discount in dol-
12
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Table 6.
Characteristics of Farmers’ and Small-Business Owners’ Estates
That Filed Estate Tax Returns in 2000
All Estates Filing
Estates Claiming
Tax Returns
Estates of Farmersa
QFOBI Deduction
Total Number of Estates
108,322
5,308
1,469
Gross Value of Estate (Dollars)
Average 2,024,000
1,814,000
3,122,000
Median 1,092,000
987,000
1,346,000
Standard deviation
10,016,000
19,737,000
22,630,000
Interquartile rangeb
888,000
647,000
1,276,000
5th percentile
684,000
660,000
726,000
95th percentile
4,924,000
3,182,000
7,605,000
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
Note: QFOBI = qualified family-owned business interest.
a.
Using the broad sample discussed in Box 3.
b.
The distance between the 75th percentile and the 25th percentile.
ported. For example, in 2000, only about one-third of
large proportion of wealth held as liquid assets relative to
estates claiming a QFOBI deduction owned closely held
the effective tax rate suggests that many estates may have
stock, and just over half had any farm assets. Only 8 per-
been able to pay their estate taxes without liquidating
cent showed limited partnership assets, and just 12 per-
business assets or personal residences (which constituted
cent reported “other non-corporate business assets.”28
22 percent and 7 percent, respectively, of the wealth of all
About 8 percent of the QFOBI estates reported none of
estates filing returns). Moreover, the definition of liquid
those types of assets. Of farmers’ estates, about two-thirds
assets used on estate tax returns excludes money held in
reported farm assets, and nearly four-fifths included
certain types of trusts, such as life insurance trusts, that
undeveloped land or farmland.
could be used to pay estate taxes. Thus, 5 percent was the
maximum share of total estates with liquidity problems in
Estates with Insufficient Liquid Assets
those years.
to Pay the Estate Tax
About 5 percent of the estates that owed estate taxes in
For farmers, business assets made up a much larger pro-
1999 or 2000 had a tax liability that exceeded their liquid
portion of estates’ wealth: 51 percent in 1999 and 43 per-
assets (such as bonds, corporate stock, bank accounts,
cent in 2000. Liquid assets made up a smaller, but still
and insurance). That result is perhaps not surprising
substantial, share of their estates: just over 40 percent in
given that liquid assets made up more than 60 percent of
both years. That smaller proportion of liquid assets sug-
the wealth of estates filing returns in those years (see
gests that estate taxes may be more likely to exceed liquid
Figure 2), whereas the estates that owed taxes faced effec-
assets for estates of farmers, potentially requiring estates
tive tax rates that were much lower than that: an average
to liquidate other assets. However, farm estates are gener-
rate of 13 percent and a median rate of 10 percent.29 The
ally small, and the estate tax therefore consumes a smaller
percentage of the gross estate (an average of 11 percent
and a median of 9 percent in 2000). In fact, tax data
28. Assets of that type are defined as “assets identified as used in an
enterprise owned by the decedent/donor, either as a sole propri-
show that in 1999, about 12 percent of farmers’ estates
etor, or as a partner in a business partnership.”
that owed estate taxes faced a liability greater than their
29. Those effective tax rates are measured as the amount of estate tax
liquid assets. In 2000, the corresponding figure was 8
owed as a percentage of the gross estate.
percent.
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES 13
Table 7.
Minority Discounts Claimed by Estates Filing Estate Tax Returns in 2000,
by Type of Asset
Average Discount
Number
Thousands
Percentage of
Asset
of Estates
of Dollars
Undiscounted Value
Closely Held Stock
3,413
670
30
Limited Partnerships
1,304
542
33
Residential Real Estate
1,193
126
16
Undeveloped Land or Farmland
1,183
67
51
Real Estate Partnerships
1,091
346
28
Personal Residence
676
80
18
Other Noncorporate Business Assets
473
380
30
Farm Assets
261
283
24
Mortgages and Notes
139
185
24
Depletable/Intangible
130
167
22
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
That situation is more pronounced for estates claiming
rate in 2004) and freezing the amount of assets exempt
the QFOBI deduction. Business assets made up at least
from taxation at either $1.5 million (the level for 2004
75 percent of those estates’ wealth, on average.30 In addi-
and 2005), $2 million (the level that will apply from
tion, the average tax owed was a higher percentage of the
2006 through 2008), or $3.5 million (the level set for
gross estate for those estates than for estates in general (14
2009).
percent compared with 13 percent for all estates filing
returns). As a consequence, one-third of estates claiming
Had any of those exemption amounts been in effect in
the QFOBI deduction and owing taxes in 2000 could
2000, far fewer estates would have needed to file estate
not pay the estate tax out of their reported liquid assets.
tax returns (see Table 8). With an exemption level of $1.5
As before, the fact that liquid assets do not include some
million, about 34,000 estates (rather than 108,000)
trusts means that that figure represents the maximum
would have had to file a return; with a $2 million exemp-
number of estates with insufficient liquid assets to pay the
tion, about 21,000 would have filed; and under a $3.5
estate tax.
million exemption, about 9,000 would have filed. The
reductions in the number of estates actually owing taxes
Effects of Permanently Raising
would have been similar. Moreover, with an exemption
level of $1.5 million, only 740 estates would have had
the Exemption Amount
insufficient liquid assets to pay the estate tax. That num-
As noted above, the estate tax is scheduled to be phased
ber would have fallen below 200 if the exemption level
out under EGTRRA until it is eliminated in 2010, but
had been $3.5 million. (Again, those totals probably
then it will be reinstated in 2011. Rather than follow that
overestimate the number of estates with taxes in excess
schedule, lawmakers could freeze the parameters of the
of liquid assets because they do not reflect money held in
estate tax at levels set for years before 2010. CBO looked
trusts.)
at the effects of keeping the tax rate at 48 percent (the top
Those higher exemption amounts would have an even
30. Some of the assets included as “business assets” may not be used
greater impact on farmers. Had the exemption level been
by small businesses. For example, limited partnerships may exist
$1.5 million, only about 1,000 estates of farmers (rather
solely to allow heirs to receive minority discounts, and real estate
than 4,600) would have had to file. That number would
other than personal residences may include vacation homes. Thus,
the measures used here represent an upper bound on the percent-
have dropped below 200 if the exemption level had been
age of assets devoted to small businesses.
$3.5 million. Fewer than 15 of those estates would have
14
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Figure 2.
Assets of Estates Filing Estate Tax Returns in 1999 or 2000
1999
2000
Other
Other
Personal Assets
Assets
Residence (6%)
(10%)
Personal
(7%)
Residence
(7%)
Business
Assets
Business
All Estates
Liquid
Liquid
(22%)
Assets
Assets
Assets
(22%)
(60%)
(65%)
Other
Personal
Other
Assets
Residence
Assets
(4%)
(4%)
Personal
(12%)
Residence
(3%)
Liquid
Liquid
Assets
Estates of Farmers and
Assets
(41%)
Business
(42%)
Farm Workers
Business
Assets
Assets
(51%)
(43%)
Other
Personal
Personal
Other
Assets
Residence
Residence Assets
(3%)
(3%)
(3%)
(3%)
Liquid
Liquid
Assets
Assets
(14%)
(19%)
Estates Claiming the
QFOBI Deduction
Business
Business
Assets
Assets
(75%)
(80%)
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
Notes: Liquid assets include government and private-sector bonds, bond funds, corporate stock, cash and cash management accounts, and
insurance. Business assets consist of real estate (except a personal residence), real estate partnerships, closely held stock, mortgages
and notes, farm assets, limited partnerships, and other noncorporate business assets. Other assets comprise annuities, art, and all
other assets except personal residences. Asset values were augmented to correct for minority discounts.
QFOBI = qualified family-owned business interest.
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES 15
Table 8.
Number of Estates Filing Returns and Number with Insufficient Liquidity to Pay
the Estate Tax in 2000, Under Various Exemption Levels
Estates with
Exemption
Estates Filing
Estates Owing
Insufficient Liquid Assets
Amount
Tax Returns
Estate Tax
to Pay Estate Tax Liabilitya
All Estates
Actualb
108,322
52,000
2,834
$1.5 Million
33,685
13,771
740
$2.0 Million
20,997
6,337
366
$3.5 Million
9,210
3,676
182
Estates of Farmersc
Actualb
4,641
1,659
138
$1.5 Million
1,005
300
27
$2.0 Million
578
123
15
$3.5 Million
187
65
13
Estates Claiming Qualified Family-Owned Business-Interest Deduction
Actualb
1,470
485
164
$1.5 Million
692
223
82
$2.0 Million
440
135
62
$3.5 Million
223
94
41
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
a.
Liquid assets include government and private-sector bonds, bond funds, corporate stock, cash and cash management accounts, and insur-
ance. The number of estates with insufficient liquidity is an upper bound on the actual number because estimates of liquidity do not
include money held in some trusts, which could also be used to pay estate taxes.
b.
Estate tax returns filed in 2000 could be for people who died in either the last nine months of 1999 or in 2000. The actual estate tax
exemption was that in effect on the date of death: $650,000 in 1999 or $675,000 in 2000.
c.
Using the narrow sample discussed in Box 3.
lacked sufficient liquidity to pay the estate tax, even with-
Raising the exemption level would also lower the income
out using trusts.
tax rates that are equivalent to the estate tax. Repeating
the simulation performed above for estates that filed
The effects would be similar, though slightly smaller, for
estate tax returns in 2000, but applying larger exemption
estates claiming the QFOBI deduction. About 700 of
amounts, yields lower equivalent income tax rates. With a
them (instead of 1,500) would have filed returns under a
$1.5 million exemption, the median income tax rate that
$1.5 million exemption, and just over 200 would have
is equivalent to the estate tax is only 2 percent for estates
filed if the exemption had been $3.5 million. The num-
that claimed the QFOBI deduction in 2000; with a $3.5
ber of QFOBI estates potentially facing a liquidity prob-
million exemption, that median rate falls below 1 percent
lem in 2000 would have fallen by three-quarters, to about
(see Table 9). Under 2000 law, one-third of estates taking
40, if the exemption had been $3.5 million. (That figure
the QFOBI deduction owed estate taxes, with an average
assumes that estates would have faced the same limits on
equivalent income tax rate of 11.4 percent. With a $1.5
the QFOBI deduction that actually applied in 2000. If
million exemption, the number of such estates with estate
the deduction had been set at $10 million, as some peo-
tax liability would have fallen by more than half, but their
ple have proposed, all QFOBI estates would have had
equivalent income tax rate would have risen to 13.2 per-
sufficient liquidity to pay the estate tax in 2000.)
cent, reflecting the fact that the estates paying taxes
16
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Table 9.
Income Tax Rates Equivalent to the Estate Tax, Under Various Exemption Levels,
for Estates Claiming the QFOBI Deduction in 2000
(Percent)
All QFOBI Filers
QFOBI Filers Owing Estate Tax
Estate Tax
Average
Median
Percentage of
Average
Median
Exemption Amount
Tax Rate
Tax Ratea
QFOBI Filers
Tax Rate
Tax Rate
2000 Tax Lawb
3.6
0
33
11.4
9.1
$1.5 Million
2.0
0
15
13.2
11.2
$2.0 Million
1.1
0
9
11.8
12.4
$3.5 Million
0.7
0
6
11.1
9.6
Source:
Congressional Budget Office based on data from the Internal Revenue Service’s Statistics of Income files.
Notes: QFOBI = qualified family-owned business interest.
Average and median entries equal the annual income tax rate imposed on capital income that would yield the same total asset value at
death as assets subject to estate tax (but not subject to income taxes) under the relevant exemption amount. Those values are based
on simulations that used data on actual wealth reported on estate tax returns and assumed that assets grew at an annual rate of 4 per-
cent from age 45 until actual age at death (or for 10 years if the person died before age 55). Because they apply to the specific individ-
uals for whom estate tax returns were filed in 2000, the values shown here differ from the hypothetical cases shown in Tables 2 and
A-1.
a.
More than half of the estates that had to file returns in 2000 and that claimed the QFOBI deduction did not owe any estate taxes (because
of that and other deductions and exemptions), so the median equivalent income tax rate is zero.
b.
The exemption amount under 2000 law was $675,000.
would have been relatively large and thus have faced
returns in 2000 and claimed the QFOBI deduction
higher estate tax rates. With a $2 million or $3.5 million
would have owed tax, and their equivalent income tax
exemption, fewer than one-tenth of the estates that filed
rate would have averaged less than 12 percent.
Appendix:
Translating the Estate Tax into an Income Tax
By reducing the return on capital income, the W would have to be included on the left-hand side, un-
estate tax affects people in much the same way that an
necessarily complicating the calculation.
income tax does. Calculating the income tax that is
equivalent to the estate tax simply involves equating the
Equation 1 is equivalent to:
net estates under an income tax and under an estate tax
2) 1+r(1-t
(assuming that the decedent reinvested all capital income
I) = (1+r)z1/S
in his or her enterprise), as follows:
where,
1) W[1+r(1-tI)]s = W(1+r)s - [TE(W[1+r]s) - TE(W)]
z = 1 - [TE(W[1+r]s) - TE(W)]/[W(1+r)s], or the percent-
age of wealth retained after paying the estate tax on
where,
earnings.
W = wealth currently available to the individual,
The left-hand side of equation 2 describes the one-year
r = annual rate of return on an investment,
percentage increase in wealth after paying the income tax.
tI = marginal income tax rate,
The right-hand side of equation 2 describes the one-year
s = years remaining in the person’s life, and
percentage increase in wealth after paying an annuitized
TE(*) = the estate tax function.
version of the estate tax.
The left-hand side of the equation is the net estate re-
Solving equation 2 for tI yields:
maining when the rate of return is reduced by an income
tax. The right-hand side is the net estate remaining when
3) tI = [(1+r)(1 - z1/s)]/r
the estate is reduced by the estate tax due on earnings ac-
cumulated over s years.1
The term (1-z1/s) is the estate tax generated by one year of
returns. Even with the lowest applicable marginal tax rate
Subtracting TE(W), the estate tax on existing wealth, in
of the estate tax, 43 percent, the equivalent income tax
the bracketed term on the right-hand side is necessary for
rate can be quite high (see Table A-1).
two reasons. First, the estate tax on existing wealth is a
fixed cost and does not represent an incentive to individ-
That approach can easily be extended to incorporate
uals. Second, if it was not subtracted, an income tax on
three important factors. First, the uncertainty of a per-
son’s life span can be included by calculating equation 2
for every s and taking the expected value, using the appro-
1. An alternative method is described in James Poterba, “The Estate
priate mortality tables. Second, the analysis assumes that
Tax and After-Tax Investment Returns,” in Joel Slemrod, ed., Does
Atlas Shrug? The Economic Consequences of Taxing the Rich (New
someone wishes to leave a bequest and saves 100 percent
York: Russell Sage and Harvard University Press, 2000), pp. 329-
of his or her capital income. If the person does not care
349. In that method the income tax in a given year is compared to
about leaving a bequest, the equivalent income tax rate is
the expected value of the estate tax in that year (i.e., the probabil-
zero. The analysis can incorporate a rate of saving of less
ity of dying multiplied by the estate tax due). The method here
compares the reduction in assets passed to heirs caused by the
than 100 percent of capital income simply by lowering
income tax and the estate tax.
the rate of return. Third, if the decision about whether to
18
EFFECTS OF THE FEDERAL ESTATE TAX ON FARMS AND SMALL BUSINESSES
Table A-1.
reinvest returns determines whether the estate will be
Income Tax Rates Equivalent to a 43
large enough to owe estate taxes, then 43 percent is not
the applicable marginal tax rate. For owners of farms or
Percent or 14 Percent Estate Tax, by
small businesses who are contemplating whether to rein-
Rate of Return and Years Until Death
vest the income from the enterprise, the effective (that is,
the average) estate tax rate may be more appropriate.
(Percent)
That rate—approximately 14 percent—results in sub-
Rate of
stantially lower equivalent income taxes.
Return
Years Until Death
on Capital
10
20
30
40
50
43 Percent Average Estate Tax Ratea
2
41
38
36
34
32
4
39
34
30
27
24
6
37
31
26
22
18
8
35
28
22
18
15
10
33
25
19
15
12
12
32
22
17
13
10
14 Percent Average Estate Tax Rateb
2
13
12
11
10
10
4
12
10
9
8
7
6
11
9
7
6
5
8
11
8
6
5
4
10
10
7
5
4
3
12
9
6
5
4
3
Source:
Congressional Budget Office.
Note: Each entry equals the annual income tax rate imposed on
capital income that would yield the same total asset value at
death as assets subject to an estate tax of either 43 percent
or 14 percent (but not subject to income taxes), assuming a
given rate of return on capital and a given life expectancy.
a.
The minimum estate tax rate in 2005.
b.
The typical estate tax that estates would have owed had the tax
rates of 2005 been in effect in 2000.
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