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Glossary
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Marital Deduction

The Marital Deduction is a provision in the U.S. tax code that allows a person to transfer assets to their spouse upon death without incurring estate or gift taxes.

Example #1

For instance, if a husband passes away and leaves all his assets to his wife, those assets are not subject to estate tax thanks to the Marital Deduction.

Example #2

Another example would be if a wife gifts a portion of her estate to her husband while alive, that gift would not attract gift tax due to the Marital Deduction.

Misuse

An example of misuse of the Marital Deduction could be a scenario where individuals attempt to abuse this provision by using it to evade taxes in situations not aligned with its original intent. It's essential to guard against such misuse to maintain the fairness and integrity of the tax system.

Benefits

The Marital Deduction promotes family wealth preservation and fosters the financial security of surviving spouses. By enabling tax-free transfers of assets between spouses, it helps reduce the tax burden on families during generational wealth transfers.

Conclusion

Understanding the Marital Deduction is crucial for estate planning purposes, ensuring that assets can be passed on efficiently and in a tax-efficient manner. Upholding the integrity of the Marital Deduction safeguards against abuse and supports fair taxation practices.

See Also

Qualified Domestic Trust

Last Modified: 4/30/2024
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