Country Note: Inheritance Tax and Foreign Spouses in Turkey: A Comparative Study

PurposeThis paper aims to propose a tax reform that would reduce income taxes and other indirect taxes while at the same time increasing inheritance and estate taxes. Such a reform is economically very efficient and would certainly equalize income distribution.Design/methodology/approachA wide review of the death and inheritance taxes in the USA and Europe is presented.FindingsGovernment's revenue from inheritance and gifts is lower than 1 percent of GDP. This is due mainly to a combination of considerable tax‐free allowances for the closest relatives and high thresholds where the top rates apply. No empirical examination of the effect of inheritance tax on economic growth or economic efficiency could be found.Practical implicationsBecause inheritance taxes are economically efficient, they improve the immoral unequal income distribution drastically. Therefore, it should be concluded that inheritance tax must be implemented.Originality/valueThis paper discusses the various economic aspects of the proposed tax reform.

The estate tax has received a great deal of attention from policy makers and the public in recent years. Yet we know little about its effect on the transfer of wealth. In this paper we explore the effect of the tax on inter vivos giving. In particular, we look at the degree to which wealthy individuals exploit the potential for tax–free transfers as a means of spending–down their estates, and examine the responsiveness of inter vivos transfers over time to changes in the tax law. To address these questions we employ two data sets, each with important strengths and weaknesses. Using panel data from the Health and Retirement Study (HRS) we find that many of the wealthy fail to take advantage of the gift tax annual exemption to make tax–free transfers in any given year. Even those who do make a transfer in one year, often do not repeat the transfer annually and transfer far less than the tax law would allow. We then use data from linked gift and estate tax returns to examine giving over a much longer period. We find in the aggregate that there are sizable shifts in the timing of giving in response to tax changes, but again, the wealthy appear to transfer very little during their lifetimes. Overall, we conclude that while taxes are an important consideration in transfer behavior of the rich, their behavior is not universally consistent with a tax minimization strategy.

Reform Options for the Estate Tax System: Targeting Unearned Income, Testimony Before the U.S. Senate Committee on Finance

This study aims to propose comprehensive improvements to tax policy in response to the significant social changes brought on by serious demographic shifts resulting from low birth rates and an aging population. Population structure changes can trigger economic downturns, erode national competitiveness, and even pose existential risks to the nation, making it imperative for the government to implement proactive strategies. A key tool in these national response measures is tax policy. Specifically, this study seeks to offer integrated solutions for six major tax categories－corporate tax, income tax, value－added tax (VAT), property tax, local taxes, inheritance tax, and gift tax－to address demographic changes effectively. To date, South Korea has employed various piecemeal tax measures to counter low birth rates and aging trends, but the effectiveness of these approaches has been limited. This research underscores the insufficiency of minor tax credits and emphasizes the necessity of a long－term, comprehensive tax strategy to effectively address demographic transitions. The findings of this study are as follows. First, corporate tax should be restructured to enhance competitiveness, with a focus on simplifying tax brackets and tax bases, implementing a reasonable tax rate, and aligning tax structures with new industrial transformations. Second, income tax reforms should include adjustments to tax systems and bases, a shift to a household－based tax unit, and the introduction of inflation－indexed tax schemes. Third, VAT reform requires a tax rate increase, improvements in exemption rules, and revisions to the simplified tax scheme. Fourth, property tax should be adjusted by switching to a household－based tax unit and introducing measures to reduce the tax burden on elderly taxpayers. Fifth, local tax policy should be refined to promote competitiveness through the integration of local governments into larger administrative units. Sixth, inheritance and gift taxes should be restructured to promote economic circulation, with a focus on abolishing taxes on spousal inheritance and gifts and indexing deductions to inflation. Lastly, to avoid distortions in elderly taxpayers’ economic and fiscal decision－making, tax policies must be carefully adjusted. This study recommends establishing a “Committee on Population Structural Change”, involving tax experts to devise and coordinate tax policies that directly support 1) economic growth and positive economic cycles, 2) policies to support higher birth rates, 3) support measures for the elderly, and 4) policies that encourage broader workforce participation, including that of women and foreign workers.

New Life for the Death Tax

Manuscript typeEmpiricalResearch question/issueEstate tax planning has always been a primary concern of large shareholders when arranging the controlling shareholding structure of family firms. This paper provides evidence on the effect of a drastic change in estate tax on the shareholding structure of family‐controlled firms in Taiwan, as well as the impact of these changes on the firms' corporate value. We examine a 2008 policy change in Taiwan that substantially reduced the estate tax from a maximum rate of 50% to a single tax rate of 10%.Research findings/insightsWe analyze a 12‐year period from 2002 to 2014 looking at data of family‐controlled, listed companies with IPOs prior to 2001. The empirical results reveal a reduced motivation among controlling families to circumvent estate tax through altering the shareholding structure after the law change. The results also reveal a positive impact on firm value as a result of the reduction in the tax burden of controlling families. These findings contribute to the family firm and tax literature and provide insight into the effects of tax policy change on the controlling structure of family firms and the consequent benefits on firm value.Theoretical/academic implicationsTo the best of our knowledge, this paper is the first empirical study that establishes a significant relationship between estate tax and tax‐avoidance behaviors reflected in the change of the shareholding structure of a family firm. Many research topics linking estate tax with other corporate governance issues in family firms are here unexplored.Practitioner/policy implicationsFor the policymaker, this study highlights the increase of firm value due to a reduction in the estate tax rate. Moreover, a tax‐friendly environment can help the controlling family commit themselves to the proper management of the firm instead of expending effort on tax minimization to safeguard their wealth.

Philanthropy is not merely a fund-raising activity. It means an activity that has strong relation with social activity. Philanthropy is significant to consider in building public participation in governance or at least in helping the government’s role to implement the allocation function related to social welfare. In Indonesia, tax incentives for philanthropy are categorized into two, namely tax exemption and tax deduction. Tax exemption applies to donations or income derived from non-profit organizations, while tax deduction applies to the donor or philanthropists, both individuals and companies. In addition, there are incentives for property taxes and tax on motor vehicles provided by the provincial/ local government. In practice, philanthropy still leaves tax-related issues that must be shouldered by donors, recipients, and donation collectors. This issue is crucial because it has the potential to reduce the attractiveness of tax incentives to encourage people to engage in philanthropy activities in Indonesia. This study aims to evaluate the tax policy on philanthropy in Indonesia. This study applied constructivism paradigm. The data are collected through documentation, literature review, and field studies through in-depth interviews and focus group discussions (FGD). The data are analyzed using mixed approach. The findings of this study indicate that the lack of dynamics in current tax policy is not in harmony with the rapid development of increasingly varied philanthropic activities. Therefore, the donors and recipients face uncertainty related to taxation on philanthropy including tax treatment and tax incentives that can be obtained from the government. Applicable tax policies have not been able to provide incentives for various types of taxes but Income Tax in the form of tax deduction and tax exemption. Unfortunately, this type of incentive is relatively unappealing to philanthropic activists. In other words, the policy of tax incentives on philanthropy activities has not been a pull factor for the community to be more actively involved in philanthropy activities. Furthermore, the issues associated with tax administration are still found in its implementation. Regulatory improvement is necessary, including accommodation of incentives for all types of taxes on philanthropy in Indonesia, as an appreciation for citizens who have strengthened the government's role in the prosperity of society.

This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.

Inheritance Taxes. Computation of Tax. Validity of Statute Fixing Rate of Nonresident's Estate Tax by Including Intangibles in Gross Estate, Harvard Law Review, Vol. 49, No. 8 (Jun., 1936), pp. 1377-1378

A Treatise on the Law of "Inheritance Taxation" and the Federal Estate and Gift Taxes, with Statutes, Decisions and Forms

There are five major Supreme Court precedents related to inheritance and gift taxes for 2022. In this article, the above five precedents were divided into facts, issues, the position of the Supreme Court, and the significance and evaluation of the judgment in chronological order.
 First of all, the Supreme Court's ruling on March 11, 2022, on whether to invalidate the enforcement ordinance related to Article 41 (1) of the former Inheritance Tax and Gift Tax Act, reaffirmed the position of the Supreme Court's ruling of 2015Du45700 on April 20, 2017 and the Supreme Court's decision of 2019Du35695 on September 9, 2021. The above judgment is valid in that the scope of gifts through corporations is limited through interpretation. However, it is necessary to review whether it is right to follow the materiality and clarity test of the illegality of administrative disposition.
 Second, the Supreme Court's ruling on the taxation and additional tax on the deeming property registered in name of another person to have been donated related to the acquisition of new stocks on September 15, 2022 is about the legal interpretation of the old tax and gift tax law in which the gift tax payer was in principle a trustee at the time of title trust. The target judgment judged that the case in which the title truster acquired new shares as collateral and transferred them under the same person's name, but before the transfer was made, the case in which the loan was repaid with the sale price of the existing title trust shares was not different. From the perspective of sanctions on the total amount of property that is difficult to grasp by title trust, it must be judged as the subject judgment. In addition, it was confirmed for the first time that the subject judgment should be based on the name trustee to determine whether the additional tax is imposed based on the taxpayer. If the above logic is applied to the current tax increase law, it should be judged based on the title truster who is liable for tax payment.
 Third, the Supreme Court's 2022Du33712 ruling on the scope of cancellation of disposition on May 26, 2022 reaffirms the previous precedent (Supreme Court March 28, 1997) that only the portion exceeding the legitimate tax amount should be canceled if the lawsuit for cancellation of the tax disposition exists. It is reasonable in that there is no need to appeal again for parts that exceed the legitimate tax amount.
 Fourth, the Supreme Court's ruling on November 10, 2022, 2020Du52214 is a precedent on whether to recognize self-gifts related to Article 45-3 of the former Inheritance Tax and Gift Tax Act (before amended by Act No. 13557 on December 15, 2015). The above ruling is the first case in which the donor and the recipient cannot be said to be the same, even though the controlling shareholders of the beneficiary corporation are shareholders of a related corporation at the same time. Given that agenda regulations that are disadvantageous to taxpayers need to be interpreted in a limited way, it is necessary to review whether the above judgment is correct.
 Finally, the Supreme Court's decision on December 29, 2022 on the method of calculating gift profits according to the comprehensive exchange of stocks followed the previous precedent (the Supreme Court's decision on March 29, 2018) that gift taxes should be levied by applying Article 42 (1) 3 of the former Inheritance Tax Act. In addition, the target judgment clarified the application of Article 31-9(2)5(b) of the Enforcement Decree of the former Inheritance Tax Act (before amended by Presidential Decree No. 20621 on February 22, 2008), which is the basis for calculating the gift property value of a company that becomes a full subsidiary due to stock exchange.

Progressive tax is one of the tariffs, applied in Turkish Tax System. Progression is one of the methods used to reach the power of payment in taxation too. The progressive tax tariff in the Turkish tax system is associated with the income tax. However, succession and inheritance tax has an progressive structure in our tax system.. When the literature is examined, it is seen that the number of studies on this subject is not at the desired level. The aim of this study is to reveal the succession and inheritance tax and to examine the progressive structure. Document review technique has been used in the study. In this context, succession and inheritance tax numbered 7338 and the succession and inheritance tax law general communiqué numbered 50 have been examined in detail. At the end of the study, in succession and inheritance tax; subject, exemption, exception, taxpayer, tax return and tax base have been stated in general. In addition, the tariff structure applied in succession and inheritance tax is presented as a table and the changes of the base slice amounts according to years have been discussed.

The purpose of the article is to reveal the peculiarities of real estate taxation of individuals in the countries of the world and to develop recommendations for its improvement in Ukraine. The features of taxation of real estate of individuals in the USA, Germany, Sweden, Poland, Bulgaria, Italy, France, Great Britain, Lithuania and others are presented. The advantages and disadvantages of taxation of real estate of individuals in the countries of the world are identified. Attention is focused on methods for determining the cadastral / assessed value of real estate for taxation. The necessity of reforming the system of taxation of real estate of individuals in Ukraine has been proved. The introduction of a cost approach to the appraisal of real estate in Ukraine requires a number of sequential actions: centralization of management and maintenance of the real estate cadastre in one state governing body; development of regulatory support for the creation and operation of the State cadastre of real estate, the mechanism and methods of state cadastral valuation; inventory of real estate objects with the assignment of a cadastral number; formation of the system of the State cadastre of real estate. The approaches to the establishment of tax exemptions on real estate of individuals in the countries of the world and in Ukraine have been investigated. In Ukraine, the basis for taxation of real estate of individuals should be the cadastral / assessed value of real estate with its gradual approach to the market value. The introduction of a cost approach to the appraisal of real estate in Ukraine requires: centralization of competences in one state governing body; development of regulatory support for the creation and functioning of the State cadastre of real estate, the mechanism and methods of state cadastral valuation; inventory of real estate objects with the assignment of a cadastral number; formation of the system of the State cadastre of real estate; taking into account the experience in the formation of the Land Cadastre, it is necessary to ensure the transparency of the tax on real estate of individuals through digitalization of tax services and administration processes (obtaining in electronic form a certificate of the cadastral / estimated value of property by cadastral number or postal address, paying tax for the Electronic Cabinet, having access to information on the procedure for calculating tax on each property, tax rates, the availability of benefits, debts, payment history, etc.). When levying a tax on real estate, it is necessary to assess feasibility of applying tax incentives in terms of differentiating the standard of living of the population in Ukraine in order to protect socially unprotected segments of the population. Property tax benefits for individuals should be linked to the cadastral / assessed value of the property by establishing a non-taxable minimum amount of the assessed value of the property and apply to only one residential property where the owner permanently resides.

Previous articleNext article FreeADDRESS OF PRESIDENT COOLIDGE AT THE NATIONAL CONFERENCE ON INHERITANCE AND ESTATE TAXES, WASHINGTON, D. C., FEBRUARY 19, 1925PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Volume 10, Number 6March 1925 Article DOIhttps://doi.org/10.1086/bullnattax41785770 Views: 47Total views on this site Journal History This article was published in The Bulletin of the National Tax Association (1916-1947), which is continued by the National Tax Journal (1948-present). © 1925 National Tax Association. All rights reserved.PDF download Crossref reports no articles citing this article.

Selvyn Seidel, Inheritance and Estate Taxes: Evidence of Health May Be Admissible to Determine Life Expectancy for Valuation of a Reversionary Interest, California Law Review, Vol. 54, No. 5 (Dec., 1966), pp. 2180-2188