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Charlotte-Mecklenburg Property Tax Rates

Calculating the property tax rate

If your property is in Charlotte, to calculate your 2008 city/county taxes, take the tax value of your property, divide by 100 and multiply by 1.2973, the total rate (city & county).  Owners of a $150,000 house will have an annual city/county tax bill of $1,945.95.

If your property is in Mecklenburg County and not in Charlotte or another town or city, take the value of your property, divide by 100 and multiply by 0.8387, the county rate.  Owners of a $150,000 house will have an annual county tax bill of $1,378.95.


 Mecklenburg 

 Contact

Police District

 City Rate

County Rate

Total Rate

Unincorporated

  704-336-4600  704-336-4600

 0.1788

 

0.8387

1.0175 

Charlotte

  704-336-7600  704-336-7600

 

 0.4586

0.8387

1.2973

Cornelius

 704-892-6031  704-892-6031

 

0.2750

0.8387

1.1137

Davidson

 704-892-7591  704-892-7591

 

0.3450

0.8387

1.2037

Huntersville

 704-875-6541  704-875-6541

 

0.2900

0.8387

1.1287

Matthews

 704-847-4411  704-847-4411

 

0.3325

0.8387

1.1712

Mint Hill

 704-545-9726  704-545-9726

 

0.2750

0.8387

1.1137

Pineville

 704-889-2291  704-889-2291

 

0.3200

0.8387

1.1587


Additional property tax rate in Business Districts

The city has 6 Business Districts, which has an additional property tax. If your property is in one of the districts, add the indicated rate and calculate as indicated for basic property taxes. Call  704-336-4600  704-336-4600 to verify the appropriate district & additional tax. For example, the Center City condos will be included in this category


Uptown Charlotte

  Contact  

District Rate

  City Rate  

County Rate

Total Rate

District 1

 704-336-7600  704-336-7600

0.0174

0.4586

0.8387

1.3147

District 2

 704-336-7600  704-336-7600

0.0298

0.4586

0.8387

1.3271

District 3

 704-336-7600  704-336-7600

0.0445

0.4586

0.8387

1.3418

District 4

 704-336-7600  704-336-7600

0.0668

0.4586

0.8387

1.3641

District 5

 704-336-7600  704-336-7600

0.0300

0.4586

0.8387

1.3273

Davidson District

 704-336-7600  704-336-7600

0.0464

0.4586

0.8387

1.3437

 

 

Cabarrus County Property Tax Rates
2007-2008



Cabarrus     Contact   District Rate City County Total
County Only    704-920-2166  704-920-2166     0.6300 0.6300
Town of Harrisburg         0.1250 0.6300 0.7550
City of Concord         0.4200 0.6300 1.0775
City of Concord Downtown     0.1800 0.4200 0.6300 1.2300
Town of Mt. Pleasant         0.4400 0.6300 1.0700
City of Kannapolis         0.4900 0.6300 1.1200
City of Locust         0.3600 0.6300 0.9900
Town of Midland         0.1400 0.6300 0.7700
City of Stanfield         N/A 0.6300 0.6300
                 

 

Note:
In addition to the basic property tax rates, a small tax is levied through out the county for the sixteen fire districts.

How are Taxes Calculated?

There are currently twenty-four tax jurisdictions within Cabarrus County, including seven cities or towns and sixteen fire districts in addition to the county itself. The tax rates for these districts are set based on the budget necessary to provide services to the residents within the district. These taxes support schools, roads, police/sheriff/fire protection and other services that a taxpayer receives from the local government.

Example 1. To calculate the tax on your home, let's assume it has a taxable value of $125,000 and is located within the City of Kannapolis. The City of Kannapolis' ($0.49) and Cabarrus County's ($0.63) combined tax rates for 2008 are $1.12 per hundred dollars of assessed value.

To calculate the tax, multiply the assessed value by the tax rate and divide by 100: $125,000 (assessed value) x 1.12(tax rate) / 100 = $1,400.00

Example 2. To calculate the tax on your home if you live in a fire district, let's assume it has a taxable value of $150,000 and is located in the Odell Fire District. Odell's rate ($0.03) and Cabarrus County's rate ($0.63) combine for a 2002 rate of $0.66 per hundred dollars of assessed value.

To calculate the tax, multiply the assessed value by the tax rate and divide by 100:

Iredell County Tax Rates
2007-2008

Iredell     Contact   Downtown Rate City County Total
County Only    704-828-3010  704-828-3010     0.4450 0.4450
Mooresville         0.5800 0.4450 1.0250
Mooresville Downtown     0.1600 0.5800 0.4450 1.1850
Statesville           0.3800 0.4450 0.8250
Statesville Downtown       0.1000 0.3800 0.4450 0.9250
Davidson           0.3650 0.4450 0.7900
Troutman           0.4300 0.4450 0.8750

 

Union County Property Tax Rates
2008-2009



Union     Contact   District Fire Tax City County Total
County Only                 704-283-3746         704-283-3746     0.6650 0.6650
City of Monroe Downtown       0.7500 0.6650 1.4150
City of Monroe         0.4950 0.6650 1.1600
Town of Waxhaw       0.02480 0.3400 0.6650 1.0298
Town of Wingate         0.3900 0.6650 1.0550
Town of Marshville         0.3800 0.6650 1.0450
Town of Stallings       0.04060 0.2190 0.6650 0.9246
Town on Mint Hill         0.2750 0.6650 0.9400
Village of Lake Park         0.2100 0.6650 0.8750
Town of Indian Trail         0.1450 0.6650 0.8100
Town of Hemby Bridge      0.04930 0.0252 0.6650 0.7395
Town on Mineral Springs     0.02500 0.0250 0.6650 0.6900
Village of Marvin         0.0500 0.6650 0.7150
Village of Wesley Chapel     0.01910 0.0165 0.6650 0.7006
Town of Weddington         0.0300 0.6650 0.6950
Town of Fairview         0.0200 0.6650 0.6850
Town of Unionville         0.0200 0.6650 0.6850

 

 

York County, South Carolina Property Tax Rates 

In South Carolina each class of property is assessed at a ratio unique to that type of property. The assessment ratio is applied to the market value of the property to determine the assessed value of the property. Each county and municipality then applies its millage rate to the assessed value to determine the tax due. The millage rate is equivalent to the tax per $1,000 of assessed value. For example, if the millage rate is 200 mills and the assessed value of the property is $1,000, the tax on that property is $200.

 

The basic formula for calculating real estate tax is as follows:

 

Appraised Value x Assessment Ratio = Assessed Value

Assessed Value x Millage Rate = Tax Amount
 

Appraised Value by the Assessor´s Office is defined as the Fair Market Value. By SC law an appraisal of all property is conducted every five years. All new construction during the five year interval is appraised relative to existing property. The sales price during the period is not used in the calculation of Appraised Value.

 

Assessment Ratio defined by the SC Code of Law is:

 

      1.      If it is a residence domiciled by the property owner, the Assessment Ratio is at

               4%. The property owner has to apply for this special assessment ratio under

               "Primary Residence". Please call the Assessor´s Office to obtain an

               application form. The form is also available on the County Web site

               www.yorkcountygov.com.

 

       2.     All other properties will be assessed at 6%, except for industrial properties

               which are assessed at 10.5%. (Rental property or second homes will have
               an 
Assessment Ratio of 6%.)

 

 Millage Rates are determined yearly by various taxing authorities, such as the County

Government, the City Government, the School Districts and all Fire Districts.

Selected 2004 millage rate are shown below:

 

 

Cities

City Millage

County Millage

TOTAL Millage

Clover

106.0

260.8

366.8

Fort Mill

90.0

273.3

363.3

Hickory Grove

36.0

271.7

307.7

Rock Hill

102.0

271.1

373.1

Sharon

30.0

271.7

301.7

Tega Cay

106.0

273.3

379.3

York

108.0

271.7

383.7

 

Note:
The millage rate for unincorporated parts of the county varies according to the district & the community. See the
table for this information.


The Governor's Property Tax Exemption

The tax burden on residential property has been reduced by the State of South Carolina by the Governor's exemption. The state helps pay the local property tax in the following manner:

Assessed Value x Milliage Rate of 108.4 = Reduction in Tax Amount

If the assessed value is less than $4,000, the owner receives the full reduction.
If the assessed value is greater than $4,000, the owner receives
a reduction based  on $4,000.

The following two examples show how Tax Amount will be affected by these factors.

 

       A.      Assuming an appraised value is $80,000, the assessment ratio is 4% and the

                 millage rate is 366.7 (City of Rock Hill + York County millage rate for

                 current year),

                       $80,000 x .04 = $3,200 (Assessed Value)
                       $3,200 x .3667 = $1,173.44 (Gross Tax Amount)
                       $3,200 x .1084 = $346.88 (Governor's Exemption)
                       $1,173.44 - $436.88 = $736.56 Total Taxes Due

 

        B.     Assuming an appraised value of $200,000, the assessment ratio is 4%

                 and the millage rate is 366.7 (City of Rock Hill + York County millage rate

                 for current year), 
                        $200,000 x .04 = $8,000 (Assessed Value)
                        $8,000 x .3667 = $2,933.60 (Gross Tax Amount)
                        $4,000 x .1084 = $433.60 Governor's Exemption)  Maximum of $4,000
                        $2,933.60 - $433.60 = $2,500.00 Total Taxes Due

Taxes by State

If you plan to move to another state when you retire, examine the tax burden you’ll face when you arrive. State taxes are increasingly important to everyone, but retirees have extra cause for concern since their income may be fixed.


Many people planning to retire use the presence or absence of a state income tax as a litmus test for a retirement destination.  This is a serious miscalculation since higher sales and property taxes can more than offset the lack of a state income tax. The lack of a state income tax doesn’t necessarily ensure a low total tax burden.

States raise revenue in many ways including sales taxes, excise taxes, license taxes, income taxes, intangible taxes, property taxes, estate taxes and inheritance taxes.  Depending on where you live, you may end up paying all of them or just a few.

This section of our Web site provides you with information on state income taxes, sales and fuel taxes, taxes on retirement income, property taxes and inheritance and estate taxes. as well as sales and fuel taxes. It is intended to give you some insight into which states may offer a lower cost of living.  To check out the state where you want to retire,  just select from the state menu above.

State Sales Tax
All states except Alaska, Delaware, Montana, New Hampshire and Oregon, collect sales taxes.   Delaware collects a Gross Receipts Tax (GRT) which is a business and gross receipts tax that can total 2.07%. Some have a single rate throughout the state though most permit local city and county additions to the base tax rate. Those states with a single rate include Connecticut, Hawaii, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, Rhode Island, Vermont, Virginia, and West Virginia.

States with the highest sales tax are: California (8.75%), Indiana (7%), Mississippi  (7%), New Jersey (7%), Rhode Island (7%), Tennessee (7%), Minnesota (6.875%), Nevada (6.85%), Washington (6.5%), Texas and Illinois (6.25%).  

Most states exempt prescription drugs from sales taxes. Some also exempt food and clothing purchases and a few also exempt non-prescription drugs.

Fuel Tax
Every state collects excise taxes on gasoline, diesel fuel and gasohol. The figures shown for each state reflect only the amounts controlled by the states and do not include additional taxes imposed on motor carriers. However, they do include other taxes paid at the pump by consumers.  Where applicable they include sales taxes, gross receipts taxes, oil inspection fees, underground storage tank fees and other miscellaneous environmental fees. They do not include the federal excise tax which is 18.4 cents for gasoline and 24.4 cents for diesel fuel.

Nine states permit cities or counties to impose a local tax on fuel. Taxes in some states can also vary based on the wholesale price which is adjusted quarterly.

Cigarette Tax
Several states are continuing to raise excise taxes on cigarettes and other tobacco products in order to increase revenue.  The rates shown do not include the federal cigarette tax of $1.01 a pack. New York City is the most expensive place to buy cigarettes ($4.25). The top 12 states with the highest state tax on cigarettes are: Rhode Island ($3.46), Connecticut ($3.00), New York state ($2.75), New Jersey ($2.70), Hawaii ($2.60), Wisconsin ($2.52), Massachusetts ($2.51), Vermont ($2.24), Washington ($2.025, tied for ninth place are: Alaska ($2.00), Arizona ($2.00), Connecticut ($2.00), District of
Columbia ($2.00) Maine ($2.00), Maryland ($2.00), and Michigan ($2.00).Tied for tenth place are: Alaska ($2.00), Arizona ($2.00), District of Columbia ($2.00), Maine ($2.00), Maryland ($2.00), and Michigan ($2.00). Counties and cities may impose an additional tax ranging from 1 cent to $2.00 on a pack of cigarettes. About 82% of what consumers pay for a pack of cigarettes (average cost $5.15 - including statewide sales taxes but not local cigarette or sales taxes) ends up going to the government in taxes and other payments rather than for the cigarettes.

Personal Income Tax
A total of 41 states impose income taxes. New Hampshire and Tennessee apply it only to income from interest and dividends. Seven states (Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming) do not tax personal income. Of the 41 with a broad-based income tax, 35 base the taxes on federal returns, typically taking a portion of what you pay the IRS or using your federal adjusted gross income or taxable income as the starting point.

< pensions.  employer private and pensions, government Security, Social taxing on views differing take states remaining The   taxation. from pensions Security exempt fully Pennsylvania) Mississippi, Illinois, (Hawaii, four Only>Personal Exemptions and Standard Deductions
Most states specify amounts for taxpayers and each of their dependents that can be used as an offset in determining taxable income. Most also specify the amounts that persons 65 or older can deduct.

Medical/Dental Deductions
Most states treat health care expenses as having already been deducted from federal returns. Two states (North Dakota and Oregon) allow full deductions while Indiana doesn't permit itemized deductions on state taxes.

Federal Income Tax Deduction
Only nine of the 41 states with broad-based income taxes permit taxpayers to deduct some or all of their federal income taxes.  This is an advantage if you are deciding between two states with similar rate structures but only one allows you to deduct. The latter would give you a lower effective tax rate. The states are Alabama, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, Oregon and Utah.

Retirement Income Taxes
Under federal law, taxpayers may be required to include a portion of their Social Security benefits in their taxable adjusted gross income (AGI).  Most states begin the calculation of state personal income tax liability with federal AGI, or federal taxable income.  In those states, the portion of Social Security benefits subject to personal income tax is subject to state personal income tax unless state law allows taxpayers to subtract the federally taxed portion of their benefits from their federal AGI in the computation of their state AGI.

Many states exclude Social Security retirement benefits from state income taxes.  The District of Columbia and 27 states with income taxes provide a full exclusion for Social Security benefits -- Alabama, Arizona, Arkansas, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia and Wisconsin.

The remaining 14 states with broad-based income taxes tax Social Security to some extent:

  • Minnesota, Nebraska, North Dakota, Rhode Island, Vermont and West Virginia tax Social Security income to the extent it is taxed by the federal government.
  • Connecticut, Iowa, Kansas, Missouri and Montana tax Social Security income above an income floor.  Iowa will gradually phase out its Social Security tax levy from 2008 through 2014.  Missouri will phase out its Social Security tax levy by 2010.  Kansas residents can exclude Social Security income if their adjusted gross income is less than $75,000.
  • Colorado, New Mexico and Utah require that federally untaxed Social Security benefits be added back to federal AGI to calculate the base against which their broad age-determined income exclusions apply.

States are prohibited from taxing benefits of U.S. military retirees if they exempt the pensions of state and local government retirees.  Most states that impose an income tax exempt at least part of pension income from taxable income.  Different types of pension income (private, military, federal civil service, and state or local government) are often treated differently for tax purposes.  

States are generally free from federal control in deciding how to tax pensions, but some limits apply.  State tax policy cannot discriminate against federal civil service pensions.  Ten states exclude all federal, state and local pension income from taxation.  These include Alabama, Hawaii, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, New York and Pennsylvania.  Among these 10 states, only Kansas taxes any Social Security income, but only to the extent it is subject to federal taxation.  These 10 states differ on the taxation of retirement income from private-sector sources.  Kansas and Massachusetts do not exclude any private-sector retirement income, but most of the others allow a fairly broad exclusion. Kansas residents with an adjusted gross income of less than $75,000 may exclude Social Security income from state taxes. Pennsylvania allows a full exclusion.  Alabama excludes income from defined benefit plans.  Hawaii excludes income from contributory plans.  Illinois and Mississippi exclude income from qualified retirement plans.  Louisiana, Michigan and New York cap the private-sector exclusion at $6,000, $34,920 and $20,000, respectively.

Five states (California, Connecticut, Nebraska, Rhode Island, and Vermont) allow no exemptions or tax credits for pension and other retirement income that is counted in federal adjusted gross income.  Most in-state government pensions are taxed the same as out-of-state government pensions.  However, Arizona, Idaho, Kansas, Louisiana, New York, and Oklahoma provide greater tax relief plans than they do for out-of-state government pension plans.  The District of Columbia also provides greater tax relief for DC government pensions than for state government pensions.

Three states (New Jersey, Massachusetts, and Pennsylvania) do not allow IRA contributions to be deducted from taxable income.  Of the three, only Pennsylvania does not tax IRA earnings of taxpayers age 59 ½ years or older, since earnings are treated like pension income, which is tax exempt.

Retired Military Pay
Some states provide special tax benefits to military retirees.  Others simply follow the federal tax rules.  The states that do not tax retired military pay are: Alabama, Alaska, Florida, Hawaii, Illinois, Kansas, Kentucky*, Louisiana, Massachusetts, Michigan, Mississippi*, Missouri*, Nevada, New Hampshire, New Jersey, New York, North Carolina*, Ohio, Oregon*, Pennsylvania, South Dakota, Tennessee, Texas, Washington, Wisconsin and Wyoming.
(*With conditions)

Property Taxes
Taxes on land and the buildings on it are the biggest source of revenue for local governments.  They are not imposed by states but by the tens of thousands of cities, townships, counties, school districts and other assessing jurisdictions.

The state's role is to specify the maximum rate on the market value of the property, or a percentage of it, as the legal standard for the local assessors to follow.  The local assessor determines the value to be taxed. You can't escape property taxes in any state.  But you can find significantly low rates in certain parts of the country.

Most states give residents over a certain age a break on their property taxes.  With some taxes, you'll need a relatively low income to qualify.  Forty states provide either property tax credits or homestead exemptions that limit the value of assessed property subject to tax.

There may be other tax breaks available, depending on where you live.  All 50 states offer some type of property tax relief program, such as freezes that will lock in the assessed value of your property once you reach a certain age, or deferral of taxes until the homeowner moves or dies.  They ultimately have to be paid.  In addition, counties and municipalities often have their own property tax relief plans.

Retirees with low incomes and high housing costs may face property tax bills that are higher than they can manage.  Some states target property tax relief to those homeowners bearing the greatest burden.  Property tax reform that takes into account a homeowner's ability to pay, such as a so-called "property tax circuit breaker," can better protect low-income homeowners from rising property taxes that accompany rising property values.  Targeted property tax relief avoids sharp reductions in funding for locally provided public services and inequities based solely on date of purchase.

  • A property tax circuit breaker prevents property taxes from "overloading" a taxpayer. Under a typical circuit breaker, the state sets a maximum percentage of income that an eligible family can be expected to pay in property taxes. If property taxes exceed this limit, the state then provides a rebate or credit to the taxpayer.
  • Currently, of the 31 states and the District of Columbia with circuit breakers for homeowners, only six and the District of Columbia permit all households to participate in the program without regard to age.
Other property tax relief strategies that may be used to target property tax relief include homestead exemptions which exempt a certain amount of a home's value from taxation, credits to rebate a certain percentage of taxes paid, and deferral programs to allow low-income elderly homeowners to defer payment of property taxes until property is sold.

Property Taxes by County
U.S. Census Bureau data, released in late October 2009 and analyzed by the Tax foundation, show that over a three-year period (2006, 2007 and 2008), homeowners in New York and New Jersey counties paid the most in property taxes, while those in Louisiana parishes paid the least.  In seven New Jersey counties and three New York counties, the median property tax over 2006-2008 is more than 7 percent of median house hold income, compared to the national median of 2.85%.  The data covers counties whose population exceeds 20,000.

Top 10 Counties:  The top 10 counties in median real estate taxes paid over 2006-2008 are, from 1 to 10, Westchester County, NY  ($8,404); Hunterdon county, NJ ($8,347); Nassau County, NY ($8,306); Bergen County, NJ ($7,997); Rockland County, NY ($7,798); Essex County, NJ ($7,676); Somerset County, NJ ($7,67); Morris County, NY ($7,310); Passaic County, NJ ($7,095); and Union county, NJ ($7,058).  The national median is $1,854.

The top 10 counties in median real estate taxes as a percentage of home value over 2006-2008 are (all from the state of New York), from 1 to 10, Orleans County (3.04%), Niagara County (2.95%); Allegany County (2.92%); Monroe County (2.89%); Wayne county (2.85%); Montgomery County (2.75%); Genesee County (2.73%); Cortland County (2.71%); Chautauqua County (2.66%); and Seneca County (2.654%).  The national median is nearly 1% (0.96%).

The top 10 counties in median real estate taxes as a percentage of homeowner income over 2006-2008 are, from 1 to 10, Passaic County, NJ (8.34%); Essex county, NJ (8.12%); Nassau County, NY (8.00%); Bergen County, NJ (7.89%); Union County, NJ (7.80%); Rockland County, NY (7.61%); Westchester County, NY (7.55%); Hunterdon County, NJ (7.50%); Suffolk County, NY (7.24%); and Hudson County, NJ (7.20%).  The national median is 2.85%.

Bottom 10 Counties: The bottom 10 counties in median real estate taxes paid over 2006-2008 are (all from Louisiana), from highest to lowest amount, De Soto Parish ($129); Evangeline Parish ($127); Jefferson Davis Parish ($127); Webster Parish ($125); Sabine parish ($124); Richland Parish ($122); Avoyelles Parish ($120); Vernon Parish ($120); Allen Parish ($119); and Franklin Parish ($117).

The bottom 10 counties in median real estate taxes as a percentage of home value over 2006-2008 are (also all from Louisiana), from highest to lowest percentage, Livingston Parish (0.15%); Terrebonne Parish (0.14%); Avoyelles Parish (0.14%); West Baton Rouge Parish (0.14%); Assumption Parish (0.14%); St. James Parish (0.14%); Lafourche Parish (0.14%); Tangipahoa Parish (0.12%); St. John the Baptist Parish (0.11%); and St. Bernard Parish (0.11%).

The bottom 10 counties in median real estate taxes as a percentage of homeowner income over 2006-2008 are (also all from Louisiana), from highest to lowest percentage, Lafourche Parish (0.28%); St. John the Baptist Parish (0.28%); De Soto Parish (0.28%); Jefferson Davis Parish (0.28%); Webster Parish (0.27%); Beauregard Parish (0.27%); Evangeline Parish (0.26%); Allen Parish (0.25%); Vermillion Parish (0.26%); and Vernon Parish (0.25%).  To view the data in chart form, click here.

Inheritance and Estate Taxes
An inheritance tax is an assessment made on the portion of an estate received by an individual. It differs from an estate tax which is a tax levied on an entire estate before it is distributed to individuals. It is strictly a state tax. Eleven states still collect an inheritance tax. They are: Connecticut, Indiana, Iowa, Kansas, Kentucky, Maryland, Nebraska, New Jersey, Oregon, Pennsylvania and Tennessee. In all states, transfers of assets to a spouse are exempt from the tax. In some states, transfers to children and close relatives are also exempt.

In 2010 estate and generation skipping (GST) taxes were repealed and the gift tax rate is equal to the highest income tax rate of 35%.  Assuming Congress does not change the law on Jan. 1, 2011, the estate, GST and gift tax laws that existed on Jan. 1, 2001 will be reinstated.   The estate and gift tax exemptions would be reunified again at $1 million and the GST exemption would be $1 million, indexed for inflation.

The estate and gift tax rates would range from 39% to 55% depending on the taxable gift or estate with taxable transfers in excess of $3 million taxed at the top rate.  For taxable transfers between $10 million and $17,184,000, there would be a 5% additional tax imposed to bring the tax to 60%.  In 2011 the GST tax rate would be 55%, the highest estate tax rate.

Even though almost everyone thought Congress would act before 2010 so that repeal of the estate and GST taxes would never actually take place, Congress got caught up in the health care bill and failed to act.  Congress has indicated that it will attempt to pass an estate tax bill that is retroactive, so that there is no repeal for any part of 2010 (though passing any bill will be harder after the election of a Republican senator from Massachusetts).

Even if a retroactive bill is enacted the effectiveness of a retroactive provision is not entirely clear.  There is a U.S. Supreme Court decision (Carlton v. U.S.) indicating that a retroactive increase in the estate tax rate would be permitted under the Constitution.  However, because the estate tax does not exist at the present time, any bill would impose (or in this case "re--impose") a new tax, rather than just raise the rate.  Though retroactivity is still likely, one can expect a challenge to retroactivity on these grounds.

In most states, estate and inheritance taxes are designed in such a way that states face either a full or partial loss of estate tax revenues as this credit is phased out. States can avert this loss of revenue by "decoupling." Decoupling means protecting the relevant parts of their tax code from the changes in the federal tax code, in most cases by remaining linked to federal law as it existed prior to the change.

Seventeen states and the District of Columbia have retained their estate taxes after the federal changes. Of these, 15 states -- Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin -- and the District of Columbia decoupled from the federal changes. Two states -- Nebraska and Washington -- retained their tax by enacting similar but separate estate taxes.

Of these, 12 states acted to decouple from the federal changes. Illinois, Maine, Maryland, Massachusetts, New Jersey, Rhode Island, and Vermont enacted legislation linking their estate taxes to the federal estate tax as in effect before the 2001 tax bill. Minnesota, which passes a tax conformity package each year, explicitly elected not to change its estate tax to conform to the federal changes. North Carolina elected to decouple at least through 2005, and Wisconsin has decoupled through 2007. Nebraska decoupled by creating a separate state estate tax on estates that exceed $1 million based on the federal law before the 2001 changes. In 2005, Washington enacted a separate tax with a somewhat different rate structure that applies to estates that exceed $2 million after the state's original decoupling was nullified in court.

In addition, five states and the District of Columbia will remain decoupled unless they take legislative action. In five states -- Kansas, New York, Ohio, Oregon, and Virginia -- and the District of Columbia, estate tax laws are written in such a way that the state will not conform to the federal changes unless it takes legislative action.

Tax Burden By State
If all other things are equal, a state with a lower burden is a more attractive place to retire than a state with a higher one.  To get a true sense of which state is less expensive, you need to look at state and local tax burdens.  Only then do the low tax states stand out.

It is estimated by the Tax Foundation that the nation as a whole will pay on average 9.7% of its income in state and local taxes in 2008, down from 9.9% in 2007 primarily because income grew faster than tax collections between 2007 and 2008.  This is the latest report the Tax Foundation has issued.

New Jersey residents paid 11.8%, topping the charts.  New Yorkers were close behind, paying 11.7%, and Connecticut was third at 11.1%.  The top 10 were rounded out by Maryland (10.8%), Hawaii (10.6%), California (10.5%), Ohio (10.4%). Vermont (10.3%), Wisconsin (10.2%) and Rhode Island (10.2%).

Alaskans pay the least, 6.4 percent in 2008, but Nevada is close at 6.6 percent.  In four states the residents pay between 7 and 8 percent of their income in state and local taxes: Wyoming (7.0%), Florida (7.4%), New Hampshire (7.6%) and South Dakota (7.9%).  Four other states round out the bottom 10: Tennessee (8.3%), Texas (8.4%), Louisiana (8.4%) and Arizona (8.5%).

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