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Other Exemptions: If qualified family-owned business interests make up more than 50 percent of your taxable estate, you may benefit from a special provision that can increase your total exemption.
The Tax Court recently held that a note does not constitute a qualified family-owned business interest (QFOBI) for purposes of IRC [section] 2057, which allows an estate to deduct up to $675,000 from its value for estate tax purposes.
For qualified family-owned business interests, "if the value of stock or business interest is greater than 50 percent of the adjusted gross estate, the executive can shelter an additional $625,000 in calendar year 2000 under a particular code section," says Tracey Anderson, of counsel at May Oberfell & Lorber in South Bend.
11) If a qualified heir fails to materially participate in the business, or the qualified family-owned business interest is disposed of during the 113-year period following the decedent's death, a recapture tax is imposed under Sec.
3 million of value for a qualified family-owned business interest and the change in the unified credit as being of the most significance to his firm's clients, although he is quick to qualify the latter.