Navigating Estate and Gift Tax Under the Big Act

The One Big Beautiful Bill Act (OBBBA) has just unveiled significant revisions in estate and gift tax planning, bringing new strategies to the forefront for taxpayers. By altering essential parts of the estate tax exclusion, the act has heightened the importance of both immediate and long-term planning strategies for affluent individuals.Image 1

The Essentials of Estate and Gift Tax Exclusion: The estate and gift tax exclusion represents the threshold that excludes federal estate tax. If an estate's value falls below the exclusion amount for the decedent's year of death ($13.99 million in 2025), no federal estate tax applies, yet there may still be advantages to filing an estate tax return (see Benefits of the Portability Election below).

When gifting, if an individual's gifts surpass the annual gift tax exclusion ($19,000 for 2025), they must file a gift tax return (IRS Form 709). At death, a reconciliation checks if the lifetime estate and gift tax exclusion has been surpassed by combining excess gifts and the estate's value, detailed on IRS Form 706. This adjustment enables precision in estate planning, helping affluent taxpayers manage their legacy efficiently.Image 2

Key Adjustments in Estate and Gift Tax Exclusions: OBBBA sets the estate and gift tax exclusion at $15 million per individual starting in 2026, with future indexation for inflation. This decision extends the trend set by the Tax Cuts and Jobs Act of 2017, which doubled exclusions from prior figures. Rather than a significant reduction to around $7 million, as anticipated pre-OBBBA, this extension maintains strategic opportunities for high-net-worth individuals.

For taxpayers, this means newfound stability and predictability in strategizing estate plans, facilitating the transfer of wealth without incurring high tax liabilities.Image 3

Implications for Generation-Skipping Transfers: Parallel to the estate and gift tax exclusions, the Generation-Skipping Transfer (GST) tax exclusion aligns with the act's updates. The GST tax applies to transfers skipping a generation, such as grandparent to grandchild. With OBBBA, the $15 million GST exclusion, indexed post-2026, ensures strategic planning aligns with tax obligations over generations.

Advantages of the Portability Election: Underutilized yet potent, the portability election serves married couples well in estate planning, especially after the first spouse's passing. The surviving spouse can use any unused portion of the deceased's exclusion, effectively doubling potential tax-free transfers.

As an example, if a spouse does not exhaust their $15 million exclusion upon their death in 2026, the balance transfers to the surviving spouse's exclusion, maximizing their tax-free transfers. This election can profoundly relieve financial strain on surviving spouses and offers flexibility and assurance in estate management.

The executor of the deceased spouse must file Form 706 promptly to utilize this election, irrespective of estate tax obligations.

Strategic Wealth Management Considerations: The OBBBA's adjustments invite taxpayers to reassess their existing estate plans. Preparing for sustained higher exclusions allows for expansive tax planning, aligning with broader financial and familial wealth objectives.

For estate planning professionals, the act mandates adaptive strategies that withstand economic shifts and legislative changes. Efficiently applying gifts, trusts, and other instruments becomes crucial to capitalize on these tax benefits.

Conclusion: The One Big Beautiful Bill Act has redefined the estate and gift tax landscape, presenting intricate yet rewarding planning avenues. With amplified exclusions, synchronized GST terms, and advantageous portability elections, maintaining wealth over generations is more attainable. Now is an opportune moment for high-net-worth individuals to engage with tax advisors and estate planners to enhance and perfect their strategies.

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