Deck 14: Transfer Taxes and Wealth Planning

Question 1

Both spouses must consent to any gift-splitting election.

Answer 1

True

Question 2

An exemption equivalent is the amount of annual gifts that is automatically exempt from the gift tax.

Answer 2

False

Question 3

The estate tax is imposed on testamentary transfers.

Answer 3

True

Question 4

Only complete gifts are subject to the federal gift tax.

Question 5

The annual exclusion eliminates relatively small transfers of present interests in property.

Question 6

The exemption equivalent was repealed in 2010.

Question 7

A couple who is married at the time of completing a gift can elect to file a joint gift tax return.

Question 8

For 2020, the exemption equivalent for the estate tax is $11.58 million.

Question 9

The marital and charitable deductions are common to both the estate tax and the gift tax formulas.

Question 10

The gift tax is imposed on inter vivos (lifetime) transfers.

Question 11

A withdrawal of money from a bank account held in joint tenancy with the right of survivorship may constitute a complete gift.

Question 12

A transfer of cash to a bank account held in joint tenancy with the right of survivorship is not a complete gift.

Question 13

A future interest is a right to receive income or property in the future.

Question 14

In order for a transfer to be treated as a complete gift, the transfer must be irrevocably relinquished by the donor.

Question 15

A gratuitous transfer of cash made directly to an individual who uses the entire amount of the cash to pay medical expenses is not subject to a gift tax.

Question 16

The tax rate schedule on taxable transfers has a maximum tax rate of 40percent.

Question 17

The annual exclusion applies to cumulative gifts made to each donee over the course of the year.

Question 18

When a gift-splitting election is made, gifts made by either spouse during the year will be treated as if each spouse made one-half of the transfer.

Question 19

The applicable credit is designed to allow a minimum amount of lifetime transfers without triggering the imposition of a transfer tax.

Question 20

The federal transfer taxes are calculated using cumulative lifetime transfers.

Question 21

The probate estate consists of all property owned by the decedent that is excluded from the gross estate.

Question 22

The gross estate includes the value of half of real property owned by a decedent and spouse in joint tenancy with the right of survivorship.

Question 23

A terminable interest in property is any interest that terminates during the current year.

Question 24

A present interest is the right to currently enjoy property or receive income payments from property.

Question 25

The gross estate will not include the value of clothes and other personal items owned by the decedent at the time of death.

Question 26

The gift-splitting election only applies to gifts made by taxpayers who reside in community-property states.

Question 27

The tax on cumulative taxable gifts is reduced by the applicable credit regardless of whether any applicable credit was used in prior years.

Question 28

Including adjusted taxable gifts in the taxable estate causes these gifts to be taxed twice, once under the gift tax and again under the estate tax.

Question 29

Proceeds of life insurance paid due to the death of the decedent are included in the decedent's gross estate if the decedent had the right to designate the beneficiary of the policy.

Question 30

A gift tax return does not need to be filed unless the taxpayer has made current gifts in excess of the applicable credit.

Question 31

The testamentary transfer of property to a qualified charity is deductible in calculating the taxable estate without any ceiling limitation.

Question 32

The theft of property included in the gross estate is only deductible in calculating the taxable estate if the loss exceeds 10 percent of the decedent's adjusted gross estate.

Question 33

The debts of the decedent at the time of death are deducted in calculating the taxable estate.

Question 34

No deductions are allowed when calculating the taxable estate.

Question 35

A transfer of a terminable interest will not generally qualify for a marital deduction.

Question 36

The gross estate may contain property transfers that are not included in the probate estate.

Question 37

The gross estate always includes the value of half of any real property owned by a decedent and another person in joint tenancy with the right of survivorship.

Question 38

Proceeds of life insurance paid to the decedent's estate due to the death of the decedent are included in the decedent's gross estate even if the decedent had no ownership rights in the policy at the time of death.

Question 39

The probate estate will include the total value of all real property owned by the decedent at the time of death regardless of whether the decedent co-owned the property asa tenant in common or asa joint tenant with the right of survivorship.

Question 40

Property is included in the gross estate at the value a willing buyer would pay a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of the relevant facts.

Question 41

A serial gift strategy consists of arranging a trust to maximize the value of the applicable credit.

Question 42

A trust is a legal entity whose purpose is to hold and administer property for the benefit of beneficiaries.

Question 43

Which of the following statements is (are) true for both gratuitous and testamentary transfers?

A) An applicable credit of up to $15,000 per donee per year reduces the tax on any transfer.
B) An annual exclusion offsets any transfer up to $15,000.
C) An election can be made to split a transfer between spouses.
D) A charitable and a marital deduction are allowed in computing the taxable transfer.
E) All of the choices are true.

Question 44

Natalie transferred $500,000 of bonds to a revocable trust with directions to the trustee to pay income to her aunt for five years, after which the corpus is to be distributed to Natalie's niece. At year-end, the trustee paid $16,000 of income to the aunt. Which of the following is a true statement?

A) Natalie has made a complete gift of $500,000.
B) Natalie has made a taxable gift of $1,000.
C) Natalie has not made a complete gift because the trust is revocable.
D) Natalie has made a taxable gift of $16,000.
E) None of the choices are correct.

Question 45

Which of the following transfers is a complete gift?

A) Payment of child support by a former spouse.
B) Transfer of property to a revocable trust.
C) Transfer of cash to a bank account held in joint tenancy with the right of survivorship.
D) Income paid to the beneficiary of a revocable trust.
E) None of the choices is a complete gift.

Question 46

Adjusted taxable gifts are included when calculating the taxable estate but are not subject to double taxation because a tax credit is provided for taxes payable on adjusted taxable gifts.

Question 47

The estate and gift taxes share several common features. Which of the following characteristics is common to both the estate and gift taxes?

A) A marital deduction and a deduction for casualty losses.
B) A marital deduction for transfers of all terminable interests.
C) The tax rate schedule for calculating gross transfer taxes.
D) A charitable deduction and an annual exclusion.
E) None of these choices list characteristics common to both the gift and the estate tax.

Question 48

This year Anthony transferred $250,000 of bonds to a trust with directions to the trustee to pay income to his son for the next 20 years. After 20 years the trust corpus would revert to Anthony. Which of the following is a true statement?

A) Anthony has made a $250,000 gift.
B) Anthony has made a $235,000 taxable gift.
C) Anthony has not yet made a complete gift.
D) Anthony has made a complete gift of the income interest only.
E) None of the choices are true.

Question 49

The calculation of the value of a life estate in a trust generally does not depend upon which of the following factors?

A) The age of the life tenant.
B) The Section 7520 interest rate.
C) The value of the property at the time of the transfer.
D) The manner in which the trust corpus is invested.
E) All of these factors are utilized in the calculation of the value of a life estate in a trust.

Question 50

Which of the following is a true statement about the federal gift tax return (Form 709)?

A) Form 709 is due by the 15 ^th day of the ninth month following the date of the gift.
B) Form 709 must be filed if a taxpayer wishes to elect gift-splitting.
C) Form 709 need not be filed unless a taxpayer's taxable gifts exceed the exemption equivalent.
D) Form 709 is due nine months after the death of the decedent.
E) None of the choices are true.

Question 51

A serial gift strategy uses multiple gifts to maximize the value of the annual exclusion.

Question 52

Which of the following statements is (are) true?

A) The same transfer tax rate schedule is used to calculate both the estate tax and the gift tax.
B) The transfer tax rate schedule is regressive in nature.
C) The amount of the applicable credit varies according to whether the taxable transfer is inter vivos or testamentary.
D) The exemption equivalent automatically offsets transfers in calculating cumulative taxable transfers.
E) All of the choices are true.

Question 53

The applicable credit is designed to:

A) apply only to taxable transfers included in the gross estate.
B) prevent taxation of cumulative transfers that do not exceed a certain minimum amount.
C) apply to amounts not already eliminated by the exemption equivalent.
D) exclude up to $15,000 per individual per year on any individual transfer.
E) None of the choices are correct.

Question 54

A trust is a legal entity that can only exist for a year.

Question 55

Property inherited from a decedent has an adjusted basis equal to the value of the property included in the decedent's estate.

Question 56

Life insurance is an asset that can be used to fund a trust to support a surviving spouse and yet may not be included in the decedent's gross estate.

Question 57

The estate and gift taxes share several common features. Which of the following characteristics is common to both the estate and gift taxes?

A) An applicable credit and a marital deduction.
B) A charitable deduction and an annual exclusion.
C) A gift-splitting election and a deduction for income taxes paid by the fiduciary.
D) A charitable deduction and the unused spousal exemption equivalent.
E) All of these choices are characteristics common to both the gift and the estate tax.

Question 58

A bypass provision in a will requires a decedent to have a taxable estate in order to use an applicable credit to reduce total estate taxes on a married couple.

Question 59

When creating an estate tax planning strategy, the income tax benefit derived from a step-up in tax basis on assets should be measured against the estate tax cost of including the assets in the decedent's gross estate.

Question 60

Which of the following transactions would not utilize the "Section 7520 rate" to calculate the value of the transfer?

A) A transfer of property with a retained life estate.
B) A transfer of property to a spouse.
C) A transfer of a remainder interest in real property.
D) A transfer of a 10-year term certain in real property.
E) None of these choices utilizes the "Section 7520 rate" in the calculation of the value of the property.

Question 61

Alexis transferred $413,000 to a trust with directions to pay income to her spouse, William, for his life. After William's death the corpus of the trust will pass to William's son. If the life estate is valued at $79,500, what is the total amount of the taxable gifts?

A) $398,000.
B) $64,500.
C) $388,000.
D) $333,500.
E) None of the choices are correct.

Question 62

Andrew and Brianna are married and live in Texas, a community-property state. For their birthdays this year Andrew gave cash gifts of $23,300 to each of his two daughters, and Brianna gave $38,400 to her niece. What is the amount of Andrew's taxable gifts?

A) $4,200.
B) $10,000.
C) $25,000.
D) zero only if Andrew and Brianna elect to split gifts.
E) None of the choices are correct.

Question 63

This year, Brent by himself purchased season baseball tickets in the exclusive sky club. The price of the tickets was $60,000, and Brent divided the tickets equally with his two brothers (Brent gave one-third of the tickets to each brother). Has Brent made a taxable gift and, if so, in what amount?

A) Brent made a taxable gift of $45,000.
B) Brent made two taxable gifts of $17,000 each.
C) Brent transferred the tickets for love and affection so no gift tax is imposed.
D) Brent made two taxable gifts of $5,000.
E) None of the choices are correct.

Question 64

Matthew and Addison are married and live in Michigan, a common-law state. For the holidays Addison gave cash gifts of $41,500 to each of her two sons, and Matthew gave $41,800 to his daughter. What is the amount of Addison's taxable gifts if Matthew and Addison opt to gift-split?

A) $49,800.
B) $20,400.
C) $17,400.
D) $9,400.
E) None of the choices are correct.

Question 65

Christian transferred $60,000 to an irrevocable trust for the benefit of his three daughters. The three daughters share income equally for five years and then the corpus of the trust is to be divided equally among them. What is the amount of the taxable gifts, if any, made by Christian?

A) $60,000.
B) $46,000.
C) $34,000.
D) $18,000.
E) None of the choices are correct-the amount of the taxable gifts cannot be ascertained without valuing each income interest.

Question 66

This year Nathan transferred $7 million to an irrevocable trust established for the benefit of his nephew. The trustee is directed to accumulate income for the next five years before distributing the trust corpus to Nathan's nephew. In past years Nathan has made taxable gifts of $6 million and used an applicable credit on an exemption equivalent of $5 million. What amount of gift tax, if any, must Nathan remit?

A) $168,000.
B) $240,000.
C) $345,800.
D) zero-there is a $11.58 million exemption equivalent.
E) None of the choices are correct. The amount of tax cannot be estimated without the use of a tax rate schedule.

Question 67

At his death Trevor had a probate estate consisting of $4 million of property. Which of the following is a true statement about Trevor's estate or estate tax?

A) Trevor must have a taxable estate of at least $4 million.
B) Trevor must have an adjusted gross estate of at least $4 million.
C) Trevor must have an estate tax base (cumulative taxable transfers) of at least $4 million.
D) Trevor must have a gross estate of at least $4 million.
E) None of the choices are necessarily true.

Question 68

Which of the following is a complete taxable gift?

A) $20,000 in cash contributed to the committee to reelect Senator BlowHard.
B) $15,000 in cash given directly to Valley Hospital for the care of a neighbor who was in an auto accident.
C) $18,000 in cash given directly to a needy student to pay for college tuition.
D) $55,000 in cash transferred to a former spouse under a written property settlement shortly after a divorce.
E) None of the choices is a complete taxable gift.

Question 69

Jayden gave Olivia a ring when she agreed to marry him. The ring is a family heirloom valued at $68,000. What is the amount of the taxable gift?

A) $0-the marital deduction offsets the gift as long as Jayden and Olivia are married by year-end.
B) $53,000.
C) $68,000.
D) $0-this transfer is not gratuitous.
E) None of the choices are correct.

Question 70

Andrew and Brianna are married and live in Texas, a community-property state. For their birthdays this year Andrew gave cash gifts of $20,000 to each of his two daughters, and Brianna gave $34,000 to her niece. What is the amount of Andrew's taxable gifts?

A) $2,000.
B) $10,000.
C) $25,000.
D) zero only if Andrew and Brianna elect to split gifts.
E) None of the choices are correct.

Question 71

This year Don and his son purchased real estate for an investment. The price of the property was $588,000, and the title named Don and his son as joint tenants with the right of survivorship. Don provided $344,000 of the purchase price and his son provided the remaining $244,000. Has Don made a taxable gift and, if so, in what amount?

A) Don has made a taxable gift of $249,000.
B) Don has made a taxable gift of $50,000.
C) Don has made a taxable gift of $22,000.
D) Don has made a taxable gift of $35,000.
E) None of the choices are correct-Don did not make a taxable gift.

Question 72

This year Samantha gave each of her three nephews birthday gifts of $10,150 in cash. At Christmas, Samantha gave each of her three nephews Christmas gifts of an additional $6,060 in cash. What is the amount of the taxable gifts, if any, made by Samantha this year?

A) $3,630.
B) $32,850.
C) $48,630.
D) zero-none of the gifts exceed the annual exclusion.
E) None of the choices are correct.

Question 73

At her death Tricia had an adjusted gross estate consisting of $8 million of property. Which of the following is a true statement about Tricia's estate or estate tax?

A) Tricia must have a taxable estate over $8 million.
B) Tricia's taxable estate will not exceed $8 million.
C) Tricia must have a probate estate tax of zero.
D) Tricia must have a gross estate tax of zero.
E) None of the choices are necessarily true.

Question 74

Jayden gave Olivia a ring when she agreed to marry him. The ring is a family heirloom valued at $34,750. What is the amount of the taxable gift?

A) $0-the marital deduction offsets the gift as long as Jayden and Olivia are married by year-end.
B) $19,750.
C) $34,750.
D) $0-this transfer is not gratuitous.
E) None of the choices are correct.

Question 75

Jonathan transferred $90,000 of cash to a trust this year for the benefit of Hannah, age 10. The trustee has the discretion to distribute income or corpus (principal) for Hannah's benefit and is required to distribute all assets to Hannah (or her estate) not later than Hannah's 21 ^st birthday. What is the amount of the taxable gift?

A) $90,000.
B) $75,000.
C) $64,000.
D) zero-there is no complete gift until the trustee makes a distribution from the trust.
E) None of the choices are correct.

Question 76

Alexis transferred $400,000 to a trust with directions to pay income to her spouse, William, for his life. After William's death the corpus of the trust will pass to William's son. If the life estate is valued at $72,000, what is the total amount of the taxable gifts?

A) $385,000.
B) $57,000.
C) $375,000.
D) $328,000.
E) None of the choices are correct.

Question 77

This year Samantha gave each of her three nephews birthday gifts of $10,000 in cash. At Christmas, Samantha gave each of her three nephews Christmas gifts of an additional $6,000 in cash. What is the amount of the taxable gifts, if any, made by Samantha this year?

A) $3,000.
B) $33,000.
C) $48,000.
D) zero-none of the gifts exceed the annual exclusion.
E) None of the choices are correct.

Question 78

At his death Titus had a gross estate consisting of $6 million of property. Which of the following is a true statement about Titus' estate or estate tax?

A) Titus must have a probate estate of at least $6 million.
B) Titus must have an adjusted gross estate of at least $6 million.
C) Titus must have cumulative taxable transfers of at least $6 million.
D) Titus must have a tentative transfer tax calculated on at least $2 million of transfers.
E) None of the choices are necessarily true.

Question 79

Matthew and Addison are married and live in Michigan, a common-law state. For the holidays Addison gave cash gifts of $40,000 to each of her two sons, and Matthew gave $40,000 to his daughter. What is the amount of Addison's taxable gifts if Matthew and Addison opt to gift-split?

A) $45,000
B) $18,000.
C) $15,000.
D) $10,000.
E) None of the choices are correct.

Question 80

This year Don and his son purchased real estate for an investment. The price of the property was $500,000, and the title named Don and his son as joint tenants with the right of survivorship. Don provided $320,000 of the purchase price and his son provided the remaining $180,000. Has Don made a taxable gift and, if so, in what amount?

A) Don has made a taxable gift of $205,000.
B) Don has made a taxable gift of $70,000.
C) Don has made a taxable gift of $22,000.
D) Don has made a taxable gift of $55,000.
E) None of the choices are correct-Don did not make a taxable gift.