President to Veto Death Tax Repeal
Dateline: 07/14/00
The U.S. Senate today passed by a 59-39 vote, H.R.8, the Death Tax Elimination Act amending the Internal Revenue Code of 1986 to phase out the estate and gift taxes over a 10-year period. The House passed the bill by a 279-136 vote on June 9. The bill will now go to President Clinton for his consideration. The President is opposed to repealing the estate and gift taxes and is expected to veto the bill. The vote in the Senate was short of the number needed to automatically override a presidential veto.
The President has called the bill a tax break for the rich, and the Office of Management and Budget has estimated that repeal of the estate and gift tax would cost the federal treasury $105 billion during the phase-out period and $750 billion over the coming decade.
| Discuss It: What do you think? Should the President veto this bill, or should the estate tax be repealed? |
Members of Congress supporting the bill criticize the estate tax as unfair and harmful to small businesses and farmers who want to leave their businesses and farms to family members.
On June 8, 2000, the President, through the Office of Management and Budget, issued the following statement expressing his Administration's opposition to the repeal of the estate and gift tax called for in H.R.8.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
STATEMENT OF ADMINISTRATION POLICY - June 8, 2000
"The Administration strongly opposes H.R. 8, which would repeal the estate and gift taxes. Repeal of these taxes would be fiscally unwise, would reduce the overall fairness and progressivity of the tax system, and would harm charitable giving. The President would veto this legislation repealing the estate and gift taxes if it were presented to him.
The Administration believes that such a tax reduction would harm the important priorities of maintaining fiscal discipline, paying down the national debt, extending the solvency of Medicare and Social Security, and maintaining core government functions such as education and fighting crime. The Administration estimates that this legislation, when fully phased in, would cost close to $50 billion annually, far more than the stated costs of the bill, because most of the cost is delayed to beyond the first five years.
While the Administration supports appropriately targeted estate tax relief for small business and family farms, a tiny fraction of the tax relief provided under this measure accrues to these important sectors of the Nation's economy. Only the wealthiest two percent of all estates pay any estate tax at all. The estate tax promotes the integrity and fairness of the overall tax system by acting as a backstop to the income tax, ensuring that even income on which income tax is deferred or avoided is ultimately subject to at least some tax. In addition, recent studies suggest that repeal of the estate tax could reduce charitable gifts and bequests by close to $6 billion annually.
The Administration worked with the Congress in 1997 to lift the burden of the estate tax on the vast majority of small businesses and family farms. The Taxpayer Relief Act of 1997 raised the effective deduction for qualified family-owned business interests to $1.3 million ($2.6 million for a couple), which exempts almost all family farms and small businesses from the estate tax. Current law also allows small businesses and farms to exclude part of the value of real property used in their operations. Those few businesses and farms that are subject to this tax can pay it in installments over 14 years at below-market interest rates.
The Administration would be pleased to work with the Congress to continue to help relieve the estate tax burden on small businesses and family farms, and to make the estate tax simpler and fairer in a fiscally responsible way. The Administration believes the Democratic alternative, which would reduce rates, increase the unified credit, and close loopholes, offers fair relief in a fiscally responsible manner. In addition, the Administration would support relief targeted at the estate tax burden attributable to appreciation in long-held principal residences. The Administration would support these proposals as part of a balanced framework that pays down debt, strengthens Social Security and Medicare, provides tax relief to middle-income families, and funds critical initiatives.
Pay-As-You-Go Scoring
H.R. 8 would affect receipts; therefore, it is subject to the pay-as-you-go requirements of the Omnibus Budget Reconciliation Act of 1990. The Administration has not yet completed its estimates of the costs of the bill; however, based on estimates of revenue losses made by the Joint Committee on Taxation, the absence of any offsets could cause a sequester of Federal resources."
Reference Links
Senate passage of estate tax repeal sets stage for election-year showdown
CNN - July 14, 2000Should the dead pay taxes?
The Economist - July 8, 2000
Estate and Gift Tax Planning
Whether the death tax goes or stays, you still need to plan for the future. Tax Planning Guide Shellie L Moore provides resources to help.
Don't pay more than you have to. Credit and Debt Management Guide Michael T. Killian provides links to help you use the law to your advantage.
US Military Guide Rod Powers presents this comprehensive guide to tax planning for current or past military personnel.
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