Estate Taxation - Where we are today
The recent tax legislation increased our exemptions to unimaginable heights.
Since 2012 we have had a federal gift and estate tax exemption of $5 million per person, adjusted annually for inflation. In 2017, the exemption (with the adjustment) was $5,490,000.
In 2018 these amounts went up to $11.18 million. In 2019, its $11.4million - Per Person! Using the 'portability' provision use the unused exemption of the first spouse to die to transfer to the surviving spouse, without having to set up trust planning specifically for this purpose. However, there are still many benefits to using trusts, especially for those who want to ensure that their estate tax exemption will be fully utilized by the surviving spouse.
* The generation-skipping transfer (GST) tax exemption also remains at the same level as the gift and estate tax exemption. This tax, which is in addition to the federal estate tax, is imposed on amounts that are transferred (by gift or at death) to grandchildren and others who are more than 37.5 years younger than you; in other words, transfers that 'skip' a generation. Having this exemption now be 'permanent' allows for planning that will greatly benefit future generations.
* Married couples can take advantage of these higher exemptions and, with proper planning, transfer up to $22.4+ million through lifetime gifting and at death.
* The tax rate on estates larger than the exempt amounts increased from 35% to 40%.
* Separate from the new tax law, the amount for annual tax-free gifts is at $15,000.
Therefore, for most Americans the higher exemptions have removed the emphasis on estate tax planning and put it back on the real reasons to do estate planning: taking care of ourselves and our families the way we want. Those who might be tempted to skip estate planning because their estates are less than the $5 million range should remember that proper estate planning provides peace of mind by allowing Americans to:
* Avoid state inheritance/death taxes that have lower exemptions than federal taxes;
* Avoid probate, which can be quite expensive and time-consuming in some states;
* Ensure their assets are distributed the way they want;
* Protect an inheritance from irresponsible spending, a child's creditors, and from being part of a child's divorce proceedings;
* Provide for a loved one with special needs without losing valuable government benefits;
* See that control of their assets remains in the hands of a trusted person;
* Provide for minor children or grandchildren;
* Help protect assets from creditors and frivolous lawsuits (especially important for professionals);
* Protect themselves, their family and their assets in the event of incapacity; and
* Help create meaningful charitable gifts.
For those with larger estates, ample opportunities remain to transfer large amounts tax-free to future generations. But with the increase in estate and income tax rates, it is critical that professional planning begins as soon as possible. Also, with Congress looking for more ways to increase revenue, many reliable estate planning strategies may soon be restricted or eliminated. Thus, it is best to put these strategies into place now so that they are more likely to be grandfathered from future law changes.