The Inheritance Tax: What You Should Know and What To Do About It

Inheritance tax is an important consideration for individuals who receive assets from a deceased person’s estate. While the United States does not have a federal tax for inheritances per se, several states impose their own laws on the matter. Understanding how this tax works, who it applies to, and how to minimize its impact can help beneficiaries navigate the process smoothly.

Receiving an inheritance can be a significant financial event, but it also comes with potential tax implications that vary depending on where you live and your relationship to the deceased. Since inheritance tax laws are determined at the state level, it is essential to understand whether you may be subject to this tax and how much you might owe. Being informed about exemptions, tipos impositivos, and planning strategies can help beneficiaries make informed decisions and avoid unexpected financial burdens.

What Is the Inheritance Tax?

Inheritance tax is a state-imposed tax on assets received by a beneficiary after the original owner passes away. Unlike the federal estate tax, which is levied on the overall estate before distribution, this tax is paid by the individuals who inherit property or assets. The amount owed depends on factors such as the relationship between the deceased and the beneficiary, the total value of the inheritance, and the specific tax rates set by the state.

States That Impose Inheritance Tax

As of 2025, only a handful of states impose this type of tax. These states include Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Each state has its own rules regarding tax rates and exemptions. Some states offer lower tax rates or full exemptions for close relatives, such as spouses and children, while distant relatives and non-related heirs may face higher tax rates.

How Inheritance Tax Rates Are Determined

Inheritance tax rates vary by state and by the recipient’s relationship to the deceased. In states that do impose it, the following general trends apply:

• Spouses are usually exempt from inheritance tax.
• Children and grandchildren often receive favorable tax treatment, with lower rates or exemptions.
• Siblings, nieces, nephews, and distant relatives may face higher tax rates.
• Non-related beneficiaries typically pay the highest tax rates.

The tax rate can range from as low as 1% to as high as 18%, depending on the state and the beneficiary’s classification.

Exemptions and Deductions from the Inheritance Tax

Many states offer exemptions and deductions to reduce the inheritance tax burden. Common exemptions include:

• Spousal exemptions, which allow surviving spouses to inherit assets tax-free.
• Exemptions for small inheritances, where amounts under a certain threshold are not taxed.
• Charitable donations, which are often exempt if the inheritance is left to a qualified nonprofit or charitable organization.

There are several legal strategies to reduce or avoid inheritance tax liability, and planning ahead can make a significant difference in the amount owed. One of the most effective methods is gifting assets before death. Many states do not tax gifts made during a person’s lifetime, meaning individuals can gradually transfer wealth to their heirs without triggering the tax. However, large gifts may be subject to federal gift tax rules, so it is important to be aware of annual and lifetime exemptions.

Another approach is to establish trusts. Certain types of trusts, such as irrevocable trusts, remove assets from a person’s taxable estate, effectively bypassing inheritance tax. These trusts can also offer other benefits, such as asset protection and controlled distribution of wealth to heirs. Life insurance can also be used strategically. By designating a trust as the beneficiary of a life insurance policy, the payout can be shielded from taxation, ensuring that heirs receive the full benefit.

Charitable donations can provide additional tax-saving opportunities. Leaving a portion of an estate to a qualified charity can reduce the taxable value of an inheritance while supporting a meaningful cause. Additionally, individuals should take advantage of available exemptions and deductions in their state. Some states provide exemptions for inheritances below a certain threshold, which can reduce or eliminate tax liability.

Finally, consulting an estate planning attorney or tax professional is crucial. These professionals can provide tailored advice based on an individual’s financial situation and the specific laws in their state. Proper planning can help maximize inheritance while minimizing tax burdens, ensuring a smoother transition of wealth to the next generation. There are several legal strategies to reduce or avoid inheritance tax liability:

• Gifting assets before death: In many cases, giving gifts to heirs while still alive can reduce the taxable value of an estate.
• Establishing trusts: Certain types of trusts, such as irrevocable trusts, can help minimize inheritance tax exposure by legally transferring assets before death.
• Seeking professional advice: An estate planning attorney or tax professional can provide guidance on structuring an estate to minimize tax liability.

Inheritance Tax vs. Estate Tax

While inheritance tax is imposed on beneficiaries, estate tax is levied on the overall estate before assets are distributed. The federal government imposes an estate tax, but it only applies to estates exceeding a certain threshold, which is $13.61 million for individuals in 2025. Some states also impose their own estate taxes, separate from this tax.

How to Pay Inheritance Tax

If you are required to pay inheritance tax, the process typically involves several steps, each of which should be handled carefully to avoid unnecessary complications.

1. Determining the taxable amount of the inheritance. This involves reviewing the total value of the assets received and identifying which portions are subject to this type of tax. Some exemptions may apply, depending on the state and the relationship to the deceased.
2. Filing the necessary tax forms with the state’s tax authority. Each state with inheritance tax has specific reporting requirements, and beneficiaries must complete and submit the appropriate forms detailing the inheritance received. Supporting documents, such as appraisals or financial statements, may also be required.
3. Paying the tax by the deadline set by the state, which is usually within nine months to a year after the person’s death. It is important to check the exact due date and payment options available, as some states allow installment payments or deferments under certain conditions.

Failure to pay inheritance tax on time may result in penalties and interest charges. To avoid this, beneficiaries should stay informed about their state’s requirements and, if necessary, seek professional assistance to ensure timely and accurate payment.

The Final Word on the Inheritance Tax…

Inheritance tax can be an unexpected financial obligation for beneficiaries, but understanding how it works and the specific rules in your state can help you prepare. If you inherit property or assets in a state with said tax, it is wise to consult a tax professional to ensure compliance and explore potential tax-saving strategies. By planning ahead, both individuals leaving an estate and their heirs can better manage the tax implications.

Inheritance Tax: FAQ

1. What is the difference between inheritance tax and estate tax?

Inheritance tax and estate tax are often confused, but they work differently. Estate tax is a tax on the total value of a deceased person’s assets before distribution to heirs. This tax is paid by the estate itself before anyone inherits anything. In contrast, inheritance tax is imposed on the person who receives the inheritance, meaning the heirs are responsible for paying it based on the value of what they inherit. The federal government does not impose an inheritance tax, but some states do. Estate tax, on the other hand, exists at both the federal and state levels, depending on the size of the estate.

2. Which states have an inheritance tax?

As of 2025, only a handful of states impose an inheritance tax. These states are Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Each of these states has different tax rates and exemptions. Some of these states offer reduced tax rates or complete exemptions based on the heir’s relationship to the deceased. Spouses are almost always exempt, and children may receive favorable tax treatment compared to more distant relatives or unrelated heirs. Some states have phased out or reduced their tax laws in recent years, so it is always best to check the latest state-specific rules.

3. How much inheritance tax will I have to pay?

The amount of inheritance tax you owe depends on several factors, including the state where the deceased lived, the total value of the assets you inherited, and your relationship to the deceased. Close family members such as spouses and children may be completely exempt or subject to lower tax rates. More distant relatives and non-relatives often pay higher tax rates. Tax rates can range anywhere from 1% to over 15%, depending on the state and the amount inherited. Each state sets its own tax brackets and exemption levels, so it is important to check state-specific rules.

4. Do I have to pay federal inheritance tax?

There is no federal inheritance tax in the United States. However, large estates may be subject to federal estate tax if their total value exceeds the federal estate tax exemption limit, which is adjusted periodically for inflation. Even though there is no tax on inheritance at the federal level, heirs may still have to pay other taxes on inherited assets, such as income tax on distributions from inherited retirement accounts or capital gains tax when selling inherited property.

5. Are there ways to reduce or avoid inheritance tax?

There are a few strategies that can help reduce or avoid inheritance tax. In many cases, gifts given before death can lower the taxable amount of an inheritance. Some states offer exemptions or lower tax rates based on the heir’s relationship to the deceased, so planning ahead by designating assets to close family members can help. Setting up a trust is another strategy that can provide more control over how assets are passed down and help minimize tax burdens. Consulting with an estate planning professional or tax expert can be a good idea to explore the best ways to reduce potential tax liabilities.

6. Will I owe other taxes on inherited assets?

Even if you do not owe inheritance tax, you may still have to pay other taxes depending on the type of asset you inherit. If you inherit a traditional IRA or 401(k), you will likely owe income tax when you withdraw money from the account. If you inherit property, you might not owe inheritance tax, but you could be subject to capital gains tax if you sell it later for more than its adjusted value.

The step-up in basis rule helps reduce capital gains tax liability by adjusting the property’s value to its fair market value at the time of the original owner’s death. Each type of inherited asset has different tax rules, so it’s important to understand what applies to your situation.

Jacob Dayan

Entrepreneur • CEO Community Tax, LLC

Jacob Dayan is the CEO and co-founder of Community Tax LLC, a leading tax resolution company known for its exceptional customer service and industry recognition. With a Bachelor’s degree in Business Administration from the University of Michigan’s Ross School of Business, Jacob began his career as a financial analyst and trader at Bear Stearns and Millennium Partners before transitioning to entrepreneurship. Since 2010, he has led Community Tax, assembling a team of skilled attorneys, CPAs, and enrolled agents to assist individuals and businesses with tax resolution, preparation, bookkeeping, and accounting. A licensed attorney in Illinois and Magna Cum Laude graduate of Mitchell Hamline School of Law, Jacob is dedicated to helping clients navigate complex financial and legal challenges.

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