COUNSELOR’S CORNER EFFECTIVE JAN. 1, 2023, LAST YEAR’S passage of Nebraska’s LB310 resulted in various changes to Nebraska’s inheritance tax laws. These changes include adjusted tax rates and exemptions, a slightly adjusted classification of beneficiaries, and a new reporting requirement. The purposes of this article are to provide some background on Nebraska inheritance tax and to summarize the recent changes. As general, non-exhaustive background: Inheritance tax usually must be addressed when wrapping up the affairs of a deceased Nebraska resident (or a deceased nonresident who owned property located in Nebraska at death). Generally, the tax is imposed on assets that were: (i) received by an individual as the result of the decedent’s death, (ii) conveyed by the decedent to an individual prior to the decedent’s death in “contemplation” of death (e.g., certain gifts), or (iii) intended to take effect in possession or enjoyment by an individual after the decedent’s death. Revenue generated from inheritance tax typically is paid to the county in which the decedent resided at death (or, in the case of a non-resident, to the county in which property belonging to the decedent was located at death). Inheritance tax must be paid within one year of death; otherwise, interest on the unpaid tax will accrue at 14% annually, a penalty may be assessed, and the executor of the decedent’s estate may be required to give a bond to guarantee payment of the tax. Upon the decedent’s death, a statutory lien arises on all real estate owned by the decedent in Nebraska (unless the sole recipient is the decedent’s spouse) until the tax has been formally addressed, which can complicate a sale or use of such real estate as collateral for a loan. Life insurance proceeds received by a beneficiary other than the decedent’s estate and property received by the decedent’s spouse or children as a result of the homestead allowance, exempt property allowance, or family maintenance allowance are not subject to tax. The table below summarizes the recent adjustments to the tax rates and exemptions, by “Class” of beneficiary: Class 1: Grandparent, parent, sibling, lineal descendant (blood related and adopted), individual to whom the decedent for not less than 10 years prior to death stood in the acknowledged relation of a parent, and the spouse or surviving spouse of any such individuals. Class 1 Prior Rate New Rate Prior Exemption New Exemption 1% 1% $40,000 $100,000 Class 2 Prior Rate New Rate Prior Exemption New Exemption 13% 11% $15,000 $40,000 Class 3 Prior Rate New Rate Prior Exemption New Exemption 18% 15% $10,000 $25,000 RECENT UPDATES TO NEBRASKA INHERITANCE TAX LAWS BY JAMES A. TEWS & NICHOLAS W. O’BRIEN, KOLEY JESSEN 15 www.nescpa.org
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