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Ohio House Republicans Aiming to Repeal Ohio's Estate Tax
by Robert Franco | 2011/04/29 |

Republicans in the Ohio House of Representatives have announced changes they want to make to the Governor's budget, including eliminating the Ohio estate tax by 2013.

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Currently, Ohio taxes estates worth more than $338,333, although property transferring to a surviving spouse is exempt.  But, this could change if House Republicans have their way - seeking for repeal of the estate tax by 2013. 

Opponents of the estate tax claim that the 5% to 7% tax is responsible for wealthy residents leaving the state in retirement to avoid the potential cost to their heirs.  Some states have more favorable estate tax rates, or none at all.  For example, Florida, a popular retirement destination, has no estate tax.

The main opposition to the repeal would likely come from local governments who keep about 80% of the estate taxes collected.  In 2010, the estate tax generated $230.8 million for local governments to pay down debt, fund road repairs, and other services.  With the Governor's budget forcing a 33% cut in general revenue to local governments, they won't want to give up another source of revenue.

Personally, I am not opposed to a modest estate tax; and with a top rate of 7%, I consider Ohio's estate tax to be moderate.  However, improvements could be made.  The exemption of $338,333 is a little low.  Perhaps raising the exemption and adding a portability feature, to allow a surviving spouse to utilize any unused exemption from a pre-deceased spouse, would be a welcome change.  This would be more in line with recent changes to the federal estate tax. 

As for an incentive to leave Ohio, I believe repealing the estate would do very little.  There are plenty of other reasons to leave the state for retirement, such as the climate, which the legislature really can't change.  There is also the issue of income taxes (some states don't have income taxes) which is a much higher rate of taxation than the estate tax.

Still, a repeal of the estate tax could benefit many Ohio residents... so we will have to keep an eye on the Republican efforts.

Categories: Probate and Estate Planning

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Robert A. Franco, J.D., LL.M.

1007 Lexington Ave.
Mansfield, OH 44907

419-524-5938 | Phone
888-764-3525 | Fax

Admitted to:

 

  • Ohio Supreme Court
  • Federal District Court - Northern and Southern Districts of Ohio
  • Bankruptcy Court - Northern and Southern Districts of Ohio
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. Tax Court  

Announcements

January 2, 2014: Attorney Franco will be teaching Business Law, Real Estate Law, and Real Estate Transactions at North Central State College this Spring semester.

August 10, 2013: Attorney Franco will be teaching Business Law at North Central State College this fall semester.

August 8, 2012: Attorney Franco will be teaching Business Law at North Central State College this fall semester.

December 8, 2010:  Attorney Franco will be teaching Real Estate Law at North Central State College this winter quarter. 

June 15, 2010:  Attorney Franco was quoted in the Columbus Dispatch: Ohio outlaws real-estate transfer fee that would have benefited developers.

May 18, 2010: Attorney Franco earned his LL.M. (Master of Laws) degree in Business and Taxation from Capital University Law School.

 April 16, 2010: Attorney Franco was quoted in CommonWealth Magazine: Private developers ape BRA controversial resale fees.

March 6, 2010: Attorney Franco was quoted in the Washington Post
A new real estate cost to watch out for: Developer's private transfer fee.

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