Does Pennsylvania Have A Tax On End of Year Gifts to Children and Grandchildren?

Three questions often arise this time of year. 
Should I make gifts to my children and grandchildren? 

How much can I give without paying tax or filing a gift tax return? and
Does Pennsylvania also have a gift  tax?


This artcile will provide you with resources on each of these gift and gift tax questions.

David Frees On Gift Taxes For Pennsylvania Residents 
By: Attorney David M. Frees III*
Law Offices in Phoenixville, West Chester, and Malvern Pennsylvania

Question 1) Should You Make Gifts To Children, Grandchildren or Others?

If your estate exceeds 3.5 million dollars, and if you have enough core assets to provide for your self and your lifestyle, then gifitng could be an important strategy since your assets might end up being exposed to federal estate tax and state inheritance tax.  By making gifts, you move assets out of your estate at a lower value and both the asset value and the growth are moved to your heirs tax free.


Question 2) How Much Can I Give To My Heirs (or to others) Without Paying Tax and/or filing a gift tax return?


The federal gift tax annual exclusion, often changes because it is indexed for inflation.  For the answer for 2009 watch the brief (sixty two second) video below. For this year, the amount remains at $13,000.00.
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Gifting To Your Children and Grandchildren Video


Question 3)  Does Pennsylvania have a gift tax?
Pennsylvania residents do not pay a state gift tax on lifetime transfers.  However, if you live in Pennsylvania,state law will recapture and tax gifts made "in contemplation of death."  In English, that means that assets given away within one year of death are subject to the Pennsylvania Inheritance Tax.  Wihtout getting too technical, if this ever happens in a family estate, contact a lawyer becasue there are exclusions and occassionally multiple exclusions that and be exempted from this tax.

Attorney David M. Frees III can be contacted at 610-933-8069.
AVVO Pennsylvania Lawyer rating for David M. Frees III
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* Note:  In Pennsylvania, there are no state recognized specialties in law.  Laywers may not refer to themselves as "experts"  or "specialists" in trusts, estates, wills, or other practice areas.  When we referl to ourselves as will or trust lawyers, we mean only that we limit our practice to the areas of wills, estates and related matters.
However, in the firm of Unruh, Turner, Burke and Frees, we have many lawyers that pactice in many other practice sections such as Real Estate, Taxation, Creditors' Rights, Banking Law, and School and Municipal Law.  To see a list of Unruh, Turner, Burke and Frees lawyers and Unruh, Turner, Burke and Frees practice sections click here.


1 Comments
Laywers may not refer to themselves as "experts" or "specialists" in trusts, estates, wills, or other practice areas.
by James Morgan - Puritan Financial Advisor August 10, 2010 at 09:16 AM
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