Missouri

Individual Income Tax

Missouri has a state income tax, structured as a progressive tax on income.

Tax rates range from 2% - 4.7%.

Estate

Common Law State

Inheritance Tax

Missouri does not impose an inheritance tax.

Credit Estate Tax

Missouri imposes an estate tax equal to the maximum credit allowed under the federal tax code for paid state estate and inheritance taxes under IRC Sec. 2011. However, the current federal tax code does not permit a credit for paid state estate or inheritance taxes. Therefore, there is no credit estate tax in effect at this time.

Generation Skipping Transfer Tax (GST Tax)

Missouri imposes a GST tax equal to the maximum credit permitted for paid state GST tax under IRC Sec. 2604. However, since the current federal tax code does not permit a credit for state GST tax paid, there is no current GST tax.

Gift Tax

Missouri does not impose a gift tax.

Will Creation

The minimum age of a person competent to make a will is 18. A person younger than 18 may also make a will if that person is a minor emancipated by adjudication, marriage or entry into active military duty.

The number of witnesses necessary to execute a will is two.

Uniform Transfers to Minors Act (UTMA)

The original custodial gift may be a life insurance policy or annuity contract.

Custodial property may be invested in or used to pay premiums on (1) a policy on the minor's life if the minor's estate is the sole beneficiary, or (2) a policy on a third party in whom the minor has an insurable interest, if the minor or the custodian is the irrevocable beneficiary.

The custodial arrangement terminates when:

 The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.

 The minor child reaches age 18 in regard to other custodial transfers.

 The minor child dies.

Intestacy

The estate goes to the surviving spouse, as follows:

 If there are no surviving descendants—100% of the estate

 If there are surviving descendants, all of whom are also descendants of the spouse—$20,000 plus 50% of the balance of the estate

 If there are surviving descendants, one or more of whom are not also descendants of the spouse—50% of the estate

If there is no surviving spouse, or if a portion of the estate does not go to the spouse:

 100% to children or descendants in equal parts (see RSMo §474.020)

If there is no surviving spouse or descendant:

 100% to decedent’s parents, siblings, or their descendants in equal parts

If none of the above:

 Intestacy laws outline further distribution steps to the level of grandparents, great-grandparents, predeceased spouse, and descendants. See RSMo §474.010(2)(d), (3).

 If no legally described recipient can be found, estate assets go to the state of Missouri.

Click here for more information on intestacy.

Asset Protection

Non-qualified Annuities: No exemption.

Life Insurance Cash Value: Exempt from owner’s creditors if the insured is the owner or the insured is an individual upon whom the owner is a dependent, provided that such exemption in bankruptcy proceeding is limited to $150,000. No bankruptcy exemption if the policy was purchased within one year of bankruptcy commencement.

Life Insurance Proceeds: Beneficiary’s interest in proceeds and avails are exempt.

Digital Assets: Missouri follows the Revised Uniform Fiduciary Access to Digital Assets Act to ensure that testators can retain control of their digital property and plan for its ultimate disposition.

 

 

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