This chart is maintained for the McGuireWoods LLP Website and is updated regularly.
| Type of Tax | Effect of EGTRRA on Pick-up
Tax and Size of Gross Estate |
Legislation Affecting State Death Tax |
2015 State Death Tax Threshold | |
| Alabama | None | Tax is tied to federal state death
tax credit. AL ST § 40-15-2. |
||
| Alaska | None | Tax is tied to federal state death
tax credit. AK ST § 43.31.011. |
||
| Arizona | None | Tax was tied to federal state death
tax credit. AZ ST §§ 42-4051; 42-4001(2), (12). On May 8, 2006, Governor Napolitano signed SB 1170 which permanently repealed Arizona's state estate tax. |
||
| Arkansas | None | Tax is tied to federal state death
tax credit. AR ST § 26-59-103; 26-59-106; 26-59-109, as amended March, 2003. |
||
| California | None | Tax is tied to federal state death tax credit. CA REV & TAX §§ 13302; 13411. | ||
| Colorado | None | Tax is tied to federal state death tax credit. CO ST §§ 39-23.5-103; 39-23.5-102. | ||
| Connecticut | Separate Estate Tax | As part of the two year budget which became law on September 8, 2009, the exemption for the separate estate and gift taxes was increased to $3.5 million, effective January 1, 2010, the tax rates were reduced to a spread of 7.2% to 12%, and effective for decedents dying on or after January 1, 2010, the Connecticut tax is due six months after the date of death. CT ST § 12-391. In May 2011, the threshold was lowered to $2 million retroactive to January 1, 2011. | $2,000,000 | |
| Delaware | Pick up Only | For decedents dying after June 30,
2009. The federal deduction for state death taxes is not taken into account in calculating the state tax. DE ST TI 30 §§ 1502(c)(2). |
On March 28, 2013, the Governor signed HB 51 to eliminate the four year sunset provision that originally applied to the tax as enacted in June 2009. | $5,430,000 (indexed for inflation) |
| District of Columbia | Pick-up Only | Tax frozen at federal state death tax
credit in effect on January 1, 2001. In 2003, tax imposed only on estates exceeding EGTRRA applicable exclusion amount. Thereafter, tax imposed on estates exceeding $1 million. DC CODE §§ 47-3702; 47-3701; approved by Mayor on June 20, 2003; effective retroactively to death occurring on and after January 1, 2003. No separate state QTIP election. |
On June 24, 2015, the D.C. Council approved changes to the D.C. Estate Tax. The changes include possible increases in the D.C. estate tax threshold to $2 million in 2016 and to the federal threshold of $5 million indexed for inflation in 2018 or later. Both increases are subject to the District meeting or exceeding certain revenue targets which may or may not happen. | $1,000,000 |
| Florida | None | Tax is tied to federal state death
tax credit. FL ST § 198.02; FL CONST. Art. VII, Sec. 5 |
||
| Georgia | None | Tax is tied to federal state death
tax credit. GA ST § 48-12-2. |
To view this chart in full, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.