James W. Coleman Sr., president of Coleman Financial Advisory
Group
in
Waterbury
,
Conn.
, is on a mission — and he thinks you should be too. “The IRD tax is a ticking time bomb for many people. It lays waiting, building up, getting ready to explode,” he says. “Without proper planning and forethought, a family could lose a good portion of their estate planning benefits. The government could end up confiscating 35 percent to 60 percent of the wealth they hoped to pass on to their heirs.”
IRD — income in respect of a decedent — is income a decedent earned and was entitled to receive but never actually received before his or her death. A typical IRD asset is the decedent’s last paycheck for wages not paid until after death. Because the decedent’s tax year closes on his or her death date, these funds aren’t included in the decedent’s income on his or her final tax return. As an item of IRD, the paycheck is included in the decedent’s estate for estate tax purposes. In addition, it is taxed as ordinary income to whoever receives it. Essentially it is double-taxed, although you do get to take a portion of the IRD taxes paid as a credit against your estate taxes.
Unlike most assets included in an estate that receive a step-up in basis — such as stock with a low income-tax basis or a personal residence — IRD assets don’t receive a new basis at death. So they are subject to both income and estate tax. This double tax burden can surprise beneficiaries who were unaware that they will owe income tax on these assets.
Income in respect of a decedent includes:
• Uncollected salaries, wages, bonuses, commissions, vacation pay, and sick pay of a cash-basis employee
• Certain deferred compensation and stock option plans
• Qualified pension plans, profit sharing plans, SEP, Keogh, and IRA plans (except nondeductible contributions)
• Accounts receivable of a cash basis sole proprietor
• Interest and dividends accrued but unpaid at death of cash basis decedent
• Rents and royalties accrued before death of cash-basis taxpayer
• Gain from the sale of property if the sale is deemed to occur before death, but proceeds are not collected until after death