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Tax Planning Considerations To Consider When Estate Planning And A Move To Florida

Tax Planning Considerations To Consider When Estate Planning And A Move To Florida

Many people considering a move to Florida or establishing long-term care planning worry about complex state tax implications. Attorney Kellen Bryant has excellent news for these families: Florida’s unique tax structure actually simplifies estate planning and reduces both tax burdens and planning costs.

Florida’s Tax-Friendly Environment

No State Estate Tax

The most significant advantage of Florida residency for estate planning is straightforward: Florida has no state estate tax. This single factor eliminates many of the complex planning strategies that residents of other states must consider.

As of this writing, Florida continues to maintain this tax-friendly position, making it an attractive destination for retirees and anyone concerned about preserving wealth for their heirs.

Primary Revenue Source: Sales Tax

Florida’s main source of state revenue comes from sales tax rather than income or estate taxes. This structure means:

  • No state income tax on residents
  • No state estate tax on inheritances
  • Tax burden primarily based on consumption rather than wealth accumulation
  • Greater control over your tax liability through spending choices

Simplified Planning Requirements

What You Don’t Need in Florida

The absence of state estate tax means that much of the complex planning that estate planning attorneys must implement in other states is simply not necessary in Florida. This includes:

  • Elaborate trust structures designed solely to avoid state estate taxes
  • Complex generation-skipping strategies for state tax purposes
  • Sophisticated charitable planning arrangements primarily for state tax benefits
  • Multi-state planning complications for estate tax minimization

Financial Benefits of Florida Planning

Double Savings Advantage

By establishing your estate planning as a Florida resident, you benefit from:

Tax Savings:

  • No state estate tax liability
  • No state income tax on retirement distributions
  • No state tax on investment income
  • Simplified tax filing requirements

Legal Cost Savings:

  • Less complex document drafting required
  • Fewer trust structures needed
  • Reduced ongoing legal maintenance
  • Simplified administration and compliance

Streamlined Planning Considerations

Focus on What Matters Most

With state tax complications removed, Florida residents can focus their estate planning on:

  • Federal tax optimization: Strategies for federal estate and income tax efficiency
  • Asset protection: Protecting wealth from creditors and long-term care costs
  • Family goals: Ensuring smooth wealth transfer to intended beneficiaries
  • Long-term care planning: Medicaid planning and asset preservation strategies
  • Practical administration: Making estate administration easier for heirs

Long-Term Care Planning Advantages

More Resources Available for Care

The tax savings from Florida residency can be particularly beneficial for long-term care planning:

  • Preserved assets: Money not paid in state taxes remains available for care costs
  • Simplified Medicaid planning: Less complex asset restructuring needed
  • Greater flexibility: More options for care funding without tax complications
  • Enhanced family security: More wealth preserved for both care needs and inheritance

Timing Considerations for New Residents

Establishing Florida Residency

To capture these tax benefits, new Florida residents should consider:

  • Residency establishment: Properly documenting Florida as your primary residence
  • Document updates: Revising estate planning documents to reflect Florida law
  • Professional guidance: Working with Florida-licensed attorneys familiar with state law
  • Timing strategies: Coordinating the move with existing estate planning goals

Federal Tax Considerations Still Apply

While Florida’s tax structure is simplified, residents still need to consider:

  • Federal estate tax thresholds and exemptions
  • Federal income tax on retirement accounts and investments
  • Gift tax implications for wealth transfer strategies
  • Federal tax benefits of charitable planning

However, without the added layer of state tax complexity, these federal considerations become much more straightforward to address.

The Bottom Line for Florida Planning

Attorney Bryant’s key message is clear: tax planning considerations are significantly slimmed down for Florida residents. This simplification means:

  • Lower overall planning costs
  • Reduced ongoing maintenance requirements
  • More straightforward decision-making
  • Greater focus on family goals rather than tax avoidance
  • Enhanced wealth preservation for both care needs and inheritance

Professional Guidance for Florida Planning

While Florida’s tax structure is simpler, proper estate and long-term care planning still requires professional expertise to:

  • Ensure documents comply with Florida law
  • Optimize federal tax benefits
  • Coordinate asset protection strategies
  • Plan effectively for potential long-term care needs
  • Structure wealth transfer according to family goals

Simplify Your Planning with Florida Advantages

If you’re considering a move to Florida or are already a resident planning for long-term care, take advantage of the state’s tax-friendly environment. The simplified planning requirements mean you can focus on what matters most—protecting your family and ensuring your wishes are carried out—without the burden of complex state tax avoidance strategies.

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Author Bio

Kellen Bryant, Esq.

Kellen Bryant, Esq.
Founder

Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.

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