Changes to Pennsylvania Inheritance Tax Impact Family Business
Very recent changes to Pennsylvania inheritance tax law make it more affordable for families to pass on interests in family businesses. See 72 P.S. §9111.
Businesses in existence for five years, with book value assets worth less than $5 million, and with fewer than 50 full-time employees can take advantage of the new law. All owners must be family members. Businesses with a principal purpose of managing investments or income producing assets are excluded from the protection of the new law.
Now when an owner dies, if he or she leaves an interest in a qualified business to a son or daughter, husband or wife, brother or sister or other limited lineal or ancestral relatives, the inherited interest is not subject to inheritance tax.
Before the Act was passed, when small business owners died, their heirs were subject to Pennsylvania inheritance taxes on the share of the business each inherited. Pennsylvania inheritance tax rate are based on the relationship of the beneficiary to the decedent. Spouses pay no inheritance tax, but parents, children and grandchildren pay 4.5%, siblings pay 12% and all other beneficiaries pay 15%. The law was passed to protect small business owners from the drain of cash or assets triggered by inheritance taxes on the share left by a deceased family member.
The relatives who inherit a share of the business must keep the business in family hands, continuing to maintain the business in the ownership of family members, for at least 7 years. They are required to report to the state every year confirming continued family ownership or they risk losing the exemption of the new law, and then must pay inheritance taxes.