Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF1221

Introduced
2/6/23  

Caption

Deceased spousal unused estate tax exclusion amount portability establishment

Impact

Should SF1221 be enacted, it would allow for an adjustment in how estates are taxed upon the death of a spouse by permitting the surviving spouse to carry over any unused exclusion amount. This policy change is intended to offer financial relief for families during a time of grief. As the statute stands, estates above certain thresholds may face significant tax liabilities; this bill would help mitigate that impact on estates that might otherwise incur higher taxes due to the lack of spousal portability.

Summary

SF1221, introduced in the Minnesota Senate, aims to establish a mechanism for the portability of the deceased spousal unused exclusion amount regarding estate taxes. This bill proposes amendments to several Minnesota Statutes to allow the surviving spouse to utilize the exclusion amount that was not used by the deceased spouse when computing their estate tax. This change is significant as it effectively helps to reduce the estate tax burden on surviving spouses, encouraging tax efficiency in estate planning.

Contention

The introduction of SF1221, while largely seen as a positive adjustment for estate tax handling, may elicit differing opinions. Proponents argue that portability is crucial in modern estate planning, particularly for families managing larger estates. However, critics might argue that increasing tax portability could complicate the tax code or disproportionately benefit wealthier families. Additionally, there may be concerns regarding the administrative capacity of the Minnesota Department of Revenue to handle these changes in estate assessments effectively.

Companion Bills

MN HF896

Similar To Estate tax provisions modified, and portability of deceased spousal unused exclusion amount provided.

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