July 21, 2010
www.gfb.org
Vol. 28 No. 29
LINCOLN, KYL PROPOSE ESTATE TAX RELIEF AMENDMENT TO LENDING BILL
The Small Business Lending Bill (HR 5297) would help some families keep their farms if Congress approves an amendment to reform the federal estate tax. Sens. Blanche Lincoln (D-Ark) and Jon Kyl (R-Ariz.) proposed the amendment, which would permanently set the top estate tax rate at 35 percent, with a $5 million per person exemption phased in over 10 years and indexed for inflation. Last December, the House passed an estate-tax bill that set the top rate at 45 percent and provided a $3.5 million per person exemption. Lincoln, chairperson of the Senate Committee on Agriculture, Nutrition and Forestry, called for decisive action to help prevent farm families from being forced to sell off farm assets in order to pay the estate tax, commonly known as the “death tax.” “Uncertainty in the estate tax law has caused incredible difficulties for these individuals, which is why I have fought for a quick resolution to the issue that is both permanent and fair. One way to improve upon an already strong legislative initiative that includes tax incentives and a number of other benefits for small businesses is to ensure that we reach a permanent solution on the estate tax to provide small business owners and farmers with the certainty they need,” Lincoln said. The estate tax rate this year is zero, but without congressional intervention the federal estate tax will revert in 2011 to what it was before 2001, a top tax rate of 55 percent with a $1 million exemption. The proposal by Lincoln and Kyl, who sits on the Senate Finance Committee, would provide a “stepped up basis” to be used to determine the capital gains tax liability when inherited assets are sold. The Lincoln-Kyl proposal would also allow the heirs of people who die in 2010 to choose whether to settle their estates under current law (no estate tax with modified stepped up basis) or file under the new law. Farm Bureau supports the Lincoln-Kyl amendment to HR 5297, noting that 84 percent of farm assets are real estate-based, causing farm families to be hit particularly hard when estate taxes come due. Georgia Sens. Saxby Chambliss and Johnny Isakson both support the amendment. American Farm Bureau Federation President Bob Stallman sent a letter last week to Senate Majority Leader Harry Reid (D-Nev.) asking that the full Senate be allowed to consider the Lincoln-Kyl proposal. “This will give farmers and ranchers a better opportunity to continue food, fiber and fuel production and transfer family-owned operations from one generation to the next,” Stallman said.