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1 (January 29, 2003)

handle is hein.crs/crsuntaabgf0001 and id is 1 raw text is: 
                                                                 Order Code  RS20609
                                                             Updated January 29, 2003



 CRS Report for Congress

               Received through the CRS Web



Economic Issues Surrounding the Estate and

                Gift   Tax: A Brief Summary

                             Jane G.  Gravelle
                   Senior Specialist in Economic  Policy
                   Government and Finance Division

Summary


     Supporters of the estate and gift tax argue that it provides progressivity in the
 federal tax system, provides a backstop to the individual income tax and appropriately
 targets assets that are bestowed on heirs rather than assets earned through their hard
 work and effort. However, progressivity can be obtained through the income tax and
 the estate and gift tax is an imperfect backstop to the income tax. Critics argue that the
 tax discourages savings, harms small businesses and farms, taxes resources already
 subject to income taxes, and adds to the complexity of the tax system. Critics also
 suggest death is an inappropriate time to impose a tax. However, the effect on savings
 is uncertain, most farms and small businesses do not pay the tax, and complexity could
 be reduced through reform of the tax. This report will be updated as legislative
 developments warrant.


    The estate and gift tax has been the subject of legislative interest for several years,
with increases in the exemption enacted in 1997. Proposals to reduce or eliminate the tax
were adopted in the 106th Congress, but were vetoed by the President. President Bush had
also proposed eliminating the tax and the Ways and Means Committee reported out a bill,
H.R. 6 that would phase out the tax. Similar provisions were included in the Senate bill
and the final tax cut bill, H.R. 1836, signed by the President on June 7, 2001, although
this legislation retained a gift tax with a large exemption.' The entire bill is to sunset on
2010, but there are proposals to make the change permanent.

    The  estate and gift tax is a comparatively small source of federal tax revenue,
accounting for 1.5% of federal receipts. Estates and gifts to spouses are exempt from tax



1 For a more extensive discussion of estate and gift tax issues see CRS Report RL30600, Estate
amd Gift Taxes: Economic Issues. See CRS Report RS20592, Estate Tax Legislation: A
Description ofH.R. 8 by Nonna A. Noto for a further information on H.R. 8 and other proposals.
See also CRS Report 95-416, Federal Estate, Gift, and Generation-Skipping Taxes: A
Description of Current Law, by John R. Luckey.


       Congressional  Research   Service +  The Library of Congress

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