HERITAGE Act
The HERITAGE Act would expand the estate tax relief available for farmland under the so-called special-use valuation rules (Internal Revenue Code 2032A). Specifically, it increases the aggregate reduction in fair market value (FMV) of qualified real property that can be used to reduce an estate’s value for estate tax purposes. The bill creates two potential caps based on the type of qualified use of the farmland: up to $15,000,000 for one category of qualified real property and up to $750,000 for another category, instead of the current $750,000 limit. The change applies only to estates of decedents dying after the bill’s enactment. The bill also updates a related provision to reference “each dollar amount” instead of a fixed $750,000, ensuring consistency with the new tiered limits. The overall effect is to make it easier for larger farming estates to claim a substantial reduction in taxable value, supporting generational transfer of rural land and businesses.
Key Points
- 1Increases the aggregate FMV reduction limit under IRC 2032A(a)(2) from the current $750,000 to two tiers: (A) up to $15,000,000 for qualified real property used in one described qualified use, and (B) up to $750,000 for qualified real property used in another described qualified use (as defined in 2032A(b)(2)).
- 2The two-tier limit depends on the category of the qualified use of the farmland, as described in subparagraphs (A) and (B) of 2032A(b)(2).
- 3Conforming amendment updates 2032A(a)(3) to refer to “each dollar amount” rather than a single fixed amount, to align with the new tiered limits.
- 4Effective date: applies to estates of decedents dying after enactment of the Act.
- 5Short title: The bill is named the Helping Ensure Rural Inheritance Transfers Are Generationally Enduring Act (HERITAGE Act).