In the meantime, many states have decoupled their death taxes
from federal policy so they can raise revenue independently—and they have no
particular incentive to reconnect themselves to the IRS. Twenty-three states and
Washington, D.C., impose some form of estate tax, including 11 states—Indiana,
Iowa, Kansas, Kentucky, Maryland, Nebraska, New Jersey, Ohio, Pennsylvania,
Tennessee and Washington—that levy separate inheritance taxes.
TOP VIEW Choosing where to die may seem like an
exercise in morbidity, but a taxpayer’s final resting place affects how
much inheritance his beneficiaries will receive. Twenty-three states and Washington, D.C., impose some form of estate tax, including 11 states that levy
separate inheritance taxes. Today 27 states impose neither estate nor
inheritance taxes, among them some of the most popular locations in the
country. | Individuals who are determined to minimize all taxes on an
estate have the option of establishing residency in one of the states that not
only does not levy estate taxes, but also lavishes tax incentives on the
affluent. When families factor in each state’s weather and overall quality of
life, five states emerge as the best ones in which to die or inherit wealth.
These include, in alphabetical order:
Arizona As with the other
members of this quintet, taxpayers do not have to choose between tax-friendly
legislators and good weather—they can enjoy both. The Grand Canyon State is one
of nine states in which all marital property is considered community property.
Thus, when one spouse dies, all marital assets are subject to a 100 percent
step-up on a cost basis. This frees the surviving spouse from any capital gains
taxes, and subsequent heirs pay their capital gains based on the newer cost
basis, which is likely to be higher than the original, thus giving them a lower
tax bill. (The other states that offer this include California, Idaho,
Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.)
In 2010, however, Arizona will have to capitulate a bit. "With
the [federal] estate tax repeal, there is a new system that would limit the
basis step-up," says John Vryhof, an estate lawyer with Snell & Wilmer in
Phoenix. "So what Congress gave away on the one hand, they took back with the
other."

California In addition to
the allure of the beach, the mountains and wine country, Californians enjoy
another community-property state with no death taxes. The state also offers one
law that excludes real property transfers from parent to child or child to
parent from reassessment, and another that extends the exclusion to transfers
from grandparents to grandchildren. In short, a taxpayer can bequeath a primary
residence that has risen dramatically in value to a child or grandchild without
the state assessing the house at current market value. Moreover, an individual
who wishes to reduce the size of his estate by gifting a house to a child or
grandchild during his lifetime can remove a highly appreciated asset from his
estate for federal tax purposes, yet minimize any federal gift taxes incurred.
(California also has no state gift tax.)
Florida As long as Jeb Bush
lives in the governor’s mansion, the Sunshine State will tolerate no taxes on
estates or income. North Palm Beach accountant Jeff Azis says that about five of
his 30 clients whose net worth exceeds $10 million have relocated to this tax
haven in recent years.
"I have a client with a $25 million estate who recently moved
from Connecticut to Florida to avoid the estate tax," Azis says. "With estate
taxes in Connecticut ranging from 8 to 16 percent depending on the size of the
estate, he would have owed $3.5 million in estate taxes to Connecticut. That’s
on top of the $10 million in federal estate taxes."
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