Update of State Treatment of EGTRRA’s Estate Tax Provisions
In an announcement in April 2002, the Department addressed the impact
on North Carolina estates of the enactment of the federal Economic Growth
and Tax Relief Reconciliation Act of 2001. The act made significant
changes to the federal estate tax laws by increasing the amount excluded
from federal estate tax and by phasing out the state death tax credit
over four years beginning in 2002.
The 2002 General Assembly enacted legislation to address the changes
in the federal act as they pertain to North Carolina estate tax. The
legislation conforms North Carolina’s exemption limits to the
federal exemption limits ($1,000,000 in 2002 and 2003). This ensures
that no North Carolina estate tax is due if no federal estate tax
is due. For federal purposes, the state death tax credit is phased
out by reducing the credit 25% in 2002, 50% in 2003, and 75% in 2004.
The credit is repealed entirely in 2005. The General Assembly did
not elect to conform to the phase out of the state death tax credit.
Therefore, the North Carolina estate tax is equal to the state death
tax credit for federal purposes before applying the percentage reduction
to the federal credit.
The North Carolina Estate Tax Return, Form A-101, has been revised
to reflect the changes above. You can download a copy of Form A-101
by selecting Individual Income under the Tax
Forms tab above.
Last modified on: 10/31/07 03:36:07 PM.
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