The onerous estate tax

Words: Tom AdamsFamily business owners and entrepreneurs are all too familiar with our country’s onerous estate tax. The fiscal cliff negotiations at the end of last year halted the 55 percent estate tax rate from again taking effect, but the negotiated 40 percent rate and $5.12 million exemption amount enacted are hardly encouraging.

What this means is when hardworking business owners die, everything in their estate that totals more than $5.12 million is levied with a 40 percent federal tax. Not to mention, these business owners have already dutifully paid income taxes, capital gains taxes, and state taxes throughout the course of their business’ existence.

Historically, this tax has been imposed as a temporary tax for defense purposes. After a war concluded, the government would repeal the tax. In 1916, the tax was imposed for World War I but it has yet to be repealed, nearly 100 years later. According to the Congressional Budget Office, since 1945, estate and gift tax receipts have consistently remained near or below 2 percent of federal revenues.

Since this tax barely brings in a nominal amount of revenue, the pain it inflicts on American families certainly is not worth it.

In order to comply and preserve as much of their assets as they can, business owners are spending hundreds of thousands of dollars on life insurance, attorney fees, and financial planning advice all to avoid being taxed — again — on everything they leave behind to their loved ones. Some families are not as lucky and, in order to pay these taxes, those who inherit a business are commonly forced to sell land and equipment vital to the company’s operation, and the business is essentially rendered liquidated.

The National Federation of Independent Business (NFIB) has found that small business owners frequently cite the estate tax as one of the most important issues for small businesses. Many small businesses and farms in our country are family owned and are passed down from one generation to another. In the past, the amount levied by the tax has been so large, it has forced the sale of a bulk of company assets, essentially forcing a company ultimately out of business, never giving the younger generation a chance.

As a member of the House Small Business Committee and Chairman of the Subcommittee on Economic Growth, Tax, and Access to Capital, I find this tax to be troublesome at best. We must reduce the tax burden on small business owners — America’s economic engine — so they can continue to invest in our economy. Small business owners are America’s largest job creators and, when they are forced to spend time and money adhering to futile government regulations, hardworking Americans suffer.

With nearly 23 million people in our country unemployed or underemployed, it is baffling that the federal government would continue to impose such a burdensome tax on our job creators. I will oppose any legislation that increases the estate tax, and will support a full repeal of this tax, because it is wrong to burden our fellow Americans who have invested in our economy and in our nation their entire lives.
Using Respirators for Silica Exposure
July 2025

Some in the masonry industry have expressed interest in respirator use as protection from harmful exposure to silica. This topic is of paramount importance due to its impact on our workers and the serious health effects of silica exposure. For those new t

From Bikes to Buildings: The Importance of Embracing Rainscreen Wall Designs and the New Building Codes.
July 2025

Have you ever been asked to do a project over the course of your lifetime? For example, when my kids were little, my wife asked me to assemble their bicycles. So, I opened the box, dumped out the contents, and cast aside whatever I thought was unnecessary

Laying the Foundation for Growth: Concrete Masonry Checkoff Unveils Five-Year Vision for Industry
July 2025

The Concrete Masonry Checkoff (CMC) put the finishing touches on an ambitious five-year vision for the industry, targeting a 20% increase in market share, driven by increased demand for concrete masonry products. “This is about building exquisite, enduri

Five of the Seven Chimneys Have Been Saved: Project Chimney Update
July 2025

In the wake of the devastating January wildfires that swept through Los Angeles's Pacific Palisades, a remarkable preservation effort is underway, spearheaded by Project Chimney, an initiative led by Evan Hall, founding director of the non-profit House Mu