Duck,
I don't know what my descendants may or may not do with the income from my Trust, But they will
Have to follow the terms and restrictions of the Trust, and as the Trust grows in income, taxes must be paid on that income. the Income paid to my charities will increase, and then the beneficiaries will also get increasing sums of income to split among themselves.
Unless I live a lot longer than I think, and do not deteriorate mentally ( I am sure some of my fellow posters may feel that, I already have ? ) , and my investments really blast off to the sky, I doubt that
I will be anywhere near $ 5, 000, 000.
However , I am not talking a Will or a Personal Estate, I am talking a Trust. Once I gift my assets to the Trust, I no longer own those assets, the Trust is a separate entity with a life of its own. So unless my Research into Trusts and my Trust Attorney has given me wrong info. My death has absolutely no relationship to the Trust and there is no probate involved.
While I am alive, I pay the income tax from the trust's income , but when I die, the Trust becomes irrevocable and must then get a new tax ID to continue paying tax on all income.
My understanding is that the $5,000,000 figure does not apply to Trusts. Not that it will matter to me, but my understanding is that there is no limit on the assets that can be gifted to a Trust. The wealthy can set
Up Trusts and give billions of dollars worth of assets to a Trust and avoid both probate and death taxes
That is why people set up Trusts
Once the Trust is dissolved , then and only then , taxes are paid on the assets on the total net worth of the Trust at that time.
As far as your wealthy friend goes, I am sure that he takes advantage of our complex tax laws and avoids paying as much taxes as he legally can. That is why I would like a very simply , understandable,
Fair tax system. Our current system is a maze of legalese.
I think your example of a rental property on double taxation is not accurate ?
1. I buy a rental property for $100,000 that is my net cost.
2. I receive $10,000 gross rental income minus $ 8, 000 expenses so my net income is $ 2,000 net income.
Assuming that I do not depreciate the property, I must pay an Imcome Tax on the rental $ 2,000 net income.
3. After Number of years, I sell the house, my cost basis is my original $100,000 that I invested in the rental
Property.
4. If I have loss and receive a net sale price of $80,000 I have long term net capital loss of $20,000.
5. If I sell for a net sale price of $120,000 , I have a long term Capital Gain.
So in short, I am paying two separate taxes. An income tax and a capital gains tax or ( loss )
With estate taxes
Say I earn $10, 000, 000 net after taxes, I put the money in a bank at today's zero interest rates.
I die and my will goes to probate. After probate, my net will to my heirs is $9,000,000 so deduct
the $5,000,000. My estate is still paying ( inheritance tax ) on money that was already taxed when I earned it.
Even though Income Tax and Inheritance tax have different names, the same money is being taxed twice.
With rental property,
Income is taxed once.
Capital gains is tax once .