07/30/2023
If you die with less than $5.5 million, your estate tax is $0
If your estate has more than $13 million, dying before 2026 will still have $0 estate tax.
For the last five years, taxpayers have benefited from the historically high gift and estate tax exemptions introduced under the Tax Cuts and Jobs Act of 2017, which doubled the exemption for 2018 from approximately $5.5 million to $11 million per person adjusted for inflation.
In 2023, the estate and gift tax exemption increased another $860,000 due to inflation to $12.92 million per person. This “Double Exemption” amount has allowed many individuals and families flexibility with their estate planning in recent years due to their estates being under the estate tax filing threshold.
With portability of the exemption between spouses, a married couple may gift up to $25.84 million in 2023, either during life or at death, without incurring any federal gift or estate tax. A timely-filed estate tax return is required to elect portability of the deceased spouse’s unused exemption to the surviving spouse. Assets gifted in excess of the exemption amount are generally taxed at a 40% rate.
Scheduled Sunset of Double Exemption
However, unless additional action is taken by Congress, the Double Exemption provisions of the Tax Cuts and Jobs Act of 2017 are going to “sunset” on December 31, 2025, and the estate and gift tax exemption will essentially be cut in half, resulting in an exemption for 2026 somewhere between $6 million and $7 million, depending on inflation.