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Barring an extension or new legislation, the lifetime estate and gift tax exemption is due to revert to the pre-2017 Tax Cuts and Jobs Act level of $5.49 million at midnight on Dec. 31, 2025.
The fiscal year 2014 budget called for returning the estate tax exclusion, the generation-skipping transfer tax and the gift-tax exemption to the 2009 level, $3.5 million, in 2018. [45] The exemption amounts set by the Tax Cuts and Jobs Act of 2017 , $11,180,000 for 2018 and $11,400,000 for 2019 again have a sunset and will expire 12/31/2025
The gift tax is a backstop to the United States estate tax. Without the gift tax, large estates could be reduced by simply giving the money away before death, thus escaping any potential estate tax. Gifts above the annual exemption amount act to reduce the lifetime gift tax exclusion. [14]
The federal estate tax exemption — also referred to as the estate tax exclusion — is $11.7 million per person as of 2021. A married couple can effectively leave behind $23.4 million combined.
Payments as a means for support can be exempt from gift tax in the case of payments for room and board or higher education that is a legal obligation for children or other dependents. Payments made directly to a qualified medical care provider or academic institution on behalf of the donee are exempt from any gift tax as qualified transfers.
For high-net-worth individuals, the estate and gift tax exemptions need to be navigated carefully, especially now that these limitations are due to sunset at the end of 2025. See: Top 7 Countries ...