Last updated December 2009
Estate Planning and Taxation
Overview
Estate planning is the development of a system to transfer the ownership of property to others in a manner that achieves the goals of the original property owner. These goals often include minimizing estate tax liability, succession of the family business or farm, equitable distribution of property among family members, donation to one or more charities, and ensuring the financial security of a surviving spouse. Agricultural estate planning can be an especially complex endeavor. The proper estate plan is unique to the facts and circumstances involved in each situation based on business goals, familial relationships, and tax considerations. While individual state laws may impact the effectiveness or availability of certain planning devices, business entities, and rules governing succession of property, the Internal Revenue Code primarily governs the major tax issues associated with estate planning. Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Regulations
Case Law
Administrative Law Decisions
Center Research Publications
Part 1; Part 2 (Goforth)
Congressional Research Service Reports
Estate Planning
Finance and Credit
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Corporate Farming (Restrictions on Corporate Farming/Family Farm Preservation)
Estate Planning/Divorce
Farm Policy and Legislative Analysis
Land Sales/Real Estate Finance, Mortgages/Foreclosures
Land Use Regulation
Organizational Forms for Agriculture (Business Law and Development)
Taxation
Water Rights: Agriculturally Related
Reference Resources
Selected Estate Planning Resources
Farm Transition: Exit, Entry, and Planning
Effects of Federal Tax Policy on Agriculture
Valuation of Partial Interests in Land
Briefing Room: Farm Household Economics and Well-Being: Federal Taxes and Households
Topic: Taxes
Federal Tax Policies and Farm Households (Durst, 2009)
How Will the Phaseout of Federal Estate Taxes Affect Farmers? (Durst, 2002)
How Would Fundamental Tax Reform Affect Farmers? (Durst, 1999)
The Taxpayer Relief Act of 1997: Provisions for Farmers and Rural Communities (Monke and Durst, 1998)
Internal Revenue Service Homepage
IRS Agriculture Materials
IRS Electronic Reading Room
IRS Forms and Publications to Assist Farmers
IRS Farmers' Tax Guide
Agriculture/Farmers Small-Business/Self-Employed Resources
Foreign Agricultural Workers
Tax Information for Appeals
IRS Guidance


