Estate Tax Exclusion Will Rise Significantly in 2023 (2024)

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by Hunter Montgomery

Estate Tax Exclusion Will Rise Significantly in 2023 (1)

Estate tax exclusion may seem like a complicated term, but we break it all down for you in this post. If you have questions about the estate tax exclusion, you can feel free to reach out to our caring team at Montgomery Law Firm, LLC to learn more and see how we can tailor a plan for your specific situation.

The federal estate tax can have a very significant impact on your legacy. It carries a 40 percent rate, and most people would say this is a very heavy dose of taxation.

We are going to provide some information about the tax in this post, and we will highlight a change that will kick in when the new year rolls around.

Estate Tax Exclusion

Before you get too worried about the 40 percent hit, it is very likely that you will not be forced to pay the tax. There is a credit or exclusion that can be used to transfer a certain amount tax-free. The amount that exceeds the exclusion would potentially be subject to taxation.

The estate tax was repealed throughout 2010 because of a provision contained within the Bush era tax cuts. It was scheduled to return in 2011 with a $1 million exclusion, but a fresh piece of legislation provided some tax relief. A $5 million exclusion was put into place at that time, and the rate was set at 45 percent.

The rate went down to 40 percent when yet another tax law went into effect in 2013, and the exclusion remained constant at $5 million with ongoing inflation adjustments.

In December of 2017, the Tax Cuts and Jobs Act was enacted, and it changed the exclusion for 2018 and subsequent years. It went up to $11.18 million, and the rate did not change.

In 2022, the adjusted exclusion has been $12.06 million, and the Bloomberg Tax and Wolters Kluwer have released 2023 estimates. They are very likely to be spot on because these are tax preparation companies. According to their calculations, the exclusion will rise to $12.92 million next year.

We should point out the fact that the exclusion that we have right now is higher than it has ever been by a very high margin. The relevant provision in the aforementioned Tax Cuts and Jobs Act will sunset or expire at the end of 2025.

At that time, the exclusion is scheduled to revert back to the 2017 figure of $5.49 million adjusted for inflation. A new tax law may be passed between now and then that alters the current trajectory, and we will certainly share that information if and when it becomes available.

Marital Deduction and Portability

There is an unlimited marital estate tax deduction, so you can leave unlimited property to your spouse tax-free.

The exclusion is portable between spouses, so a surviving spouse can use the exclusion that was allotted to their deceased spouse. Portability is a relatively new phenomenon that was part of the tax bill that went into effect in 2011.

Estate Tax Exclusion: Federal Gift Tax

You might consider lifetime gift giving as a way to get around the federal estate tax if you have a large estate. This makes sense on the surface, but there is a gift tax in place that closes this loophole.

The multimillion dollar exclusion is a unified exclusion that applies to gifts that you give while you are living and the estate that will be transferred after your death, with one caveat.

There is a $16,000 per year, per person additional gift tax exclusion that sits apart from the unified exclusion. You can give this much to any number of gift recipients in a calendar year tax-free without using any of your unified exclusion. Next year, it will go up to $17,000 according to Bloomberg and Wolters Kluwer.

There is also an educational gift tax exclusion that gives you the ability to pay school tuition for others without incurring any transfer tax liability. Plus, you can use the medical exemption to pay health care bills for others in a tax-free manner, and this would include the payment of health insurance premiums.

Schedule a Consultation Today

Our doors are open if you are ready to work with a Hilton Head, SC estate planning lawyer to put a custom crafted estate plan in place. You can send us a message to request a consultation appointment, and we can be reached by phone at (843) 815-8580.

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Hunter Montgomery

Hunter Montgomery is the owner/managing attorney of the Montgomery Law Firm, LLC.He has been practicing estate planning law fsince 2002. Hunter is a member of the American Academy of Estate Planning Attorneys.

Hunter is a member of the South Carolina Bar Association, the Beaufort County Bar Association, and has served on charitable and advisory boards in the Bluffton/Hilton Head area.

Hunter graduated from Hilton Head High School. He then earned his Bachelor of Science Degree in Economics from Clemson University, in Clemson, South Carolina.

Hunter graduated Cum Laude from Regent University School of Law in Virginia Beach, Virginia, having earned a Juris Doctor Degree. He also wrote his doctorial thesis on Estate Planning Dynasty Trusts.

Hunter has called Beaufort County home for since 1984, where he lives with his wife and two children.In his spare time he dabbles in automobiles, reading history, hunting and fishing.

Latest posts by Hunter Montgomery (see all)

  • Why Would Someone Use an Irrevocable Trust? - February 1, 2024
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Estate Tax Exclusion Will Rise Significantly in 2023 (4)

About Hunter Montgomery

Hunter Montgomery is the owner/managing attorney of the Montgomery Law Firm, LLC. He has been practicing estate planning law fsince 2002. Hunter is a member of the American Academy of Estate Planning Attorneys.

Hunter is a member of the South Carolina Bar Association, the Beaufort County Bar Association, and has served on charitable and advisory boards in the Bluffton/Hilton Head area.

Hunter graduated from Hilton Head High School. He then earned his Bachelor of Science Degree in Economics from Clemson University, in Clemson, South Carolina.

Hunter graduated Cum Laude from Regent University School of Law in Virginia Beach, Virginia, having earned a Juris Doctor Degree. He also wrote his doctorial thesis on Estate Planning Dynasty Trusts.

Hunter has called Beaufort County home for since 1984, where he lives with his wife and two children. In his spare time he dabbles in automobiles, reading history, hunting and fishing.

Estate Tax Exclusion Will Rise Significantly in 2023 (2024)

FAQs

What is the estate tax exemption inflation adjustment for 2023? ›

In 2023, the federal gift/estate tax exemption amount was $12,920,000, which increased to $13,610,000 with the 2024 inflation adjustment (a $690,000 increase). In addition, the federal generation-skipping transfer (“GST”) tax exemption amount is an amount that mirrors the basic exclusion amount.

What is the exclusion amount for 2023? ›

Effective January 1, 2023, the federal gift/estate tax exemption and GST tax exemption increased from $12,060,000 to $12,920,000 (an $860,000 increase). [1] The federal annual exclusion amount also increased from $16,000 to $17,000.

Did the IRS raise the estate tax threshold to $12.92 million for 2023? ›

Starting in 2023, individuals can transfer up to $12.92 million to heirs, during life or at death, without triggering a federal estate-tax bill, up from $12.06 million this year.

How much money can a person receive as a gift without being taxed in 2023? ›

$17,000

What is the estate tax deduction for 2023? ›

The Estate Tax Exemption

However, the tax plan that President Trump signed in December of that year increased that exemption to $11.18 million for the tax year 2018. The exemption rose to $11.4 million for 2019, $11.58 million for 2020, $11.7 million for 2021, $12.06 million for 2022 and $12.92 million for 2023.

What are the major tax changes for 2023? ›

For 2023, the standard deduction increased to $27,700 for married couples filing jointly, up from $25,900 in 2022. Single filers may claim $13,850 for 2023, an increase from $12,950. Enacted via the Tax Cuts and Jobs Act of 2017, the higher standard deduction is slated to sunset in 2026, along with lower tax rates.

How much can you inherit without paying federal taxes? ›

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

How to avoid federal estate tax? ›

Certain types of trusts can help avoid estate taxes. An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

Do I have to pay taxes on a $10,000 gift from my parents? ›

Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $17,000 per recipient for 2023.

How to pass money to heirs tax free? ›

Strategies to transfer wealth without a heavy tax burden include creating an irrevocable trust, engaging in annual gifting, forming a family limited partnership, or forming a generation-skipping transfer trust.

What will the federal estate tax exemption be in 2025? ›

The increased estate and gift tax exemption, which is currently $12.92 million per person and increased to $13.61 million per person for 2024, is set to sunset at the end of 2025. As a result, the exemption will drop- back to the prior Tax Cuts and Jobs Act (TCJA) level of $5 million, adjusted for inflation.

Did the IRS change inheritance rules? ›

What Changed Under the New IRS Rules? Under New IRS Rules, assets inside irrevocable trusts may not receive a step-up in basis unless those assets are included in the taxable estate upon death.

Can I gift 100k to my daughter? ›

Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.

How much money can be legally given to a family member as a gift? ›

A gift tax is a government tax imposed on those who give money or property to others in exchange for nothing (or less than total value). There is typically a tax-free gift limit to family members until a donation exceeds $15,000 (jumping up to $16,000 in 2022). In these instances, the IRS is usually uninvolved.

How much money can you gift an adult child per year? ›

Reducing potential taxes with gifts

For smaller gifts, the IRS rules for 2024 allow any individual to gift up to $18,000 per year to any recipient without having to consider the potential impact of a taxable gift. A married couple may give up to $36,000 to any individual.

What are the inflation relief payments for 2023? ›

Overview. The Middle Class Tax Refund (MCTR) is a one-time payment to provide relief to Californians. If you are eligible, you will automatically receive a payment. Payments are expected to be issued between October 2022 and January 2023.

What is the inflation Reduction Act 2023 taxes? ›

Previously, this tax credit was limited to 10% of your project costs but is now increased to up to 30% and available on an annual basis. After January 1, 2023, qualified energy-efficient improvements to your home may qualify you for tax credits worth up to $3,200.

How much is the inflation adjustment for 2023? ›

Inflation last year reached its highest level in the United States since 1981. As a result, the IRS announced the largest inflation adjustment for individual taxes in decades: 7.1 percent for tax year 2023.

What is the IRS inflation adjustment for 2023? ›

For single taxpayers and married individuals filing separately, the standard deduction rises to $13,850 for 2023, up $900, and for heads of households, the standard deduction will be $20,800 for tax year 2023, up $1,400 from the amount for tax year 2022.

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