In the ever-evolving landscape of estate planning, the impending sunset of the Tax Cuts and Jobs Act’s (TCJA) increased estate tax exemption amounts presents both a challenge and an opportunity. As we stand at a pivotal juncture in estate tax history, understanding these changes is crucial for effective wealth management and legacy planning.

The journey of the estate tax exemption amount has been a tale of significant shifts and strategic adjustments. Since the TCJA’s enactment in 2017, the basic exclusion amount (BEA) has more than doubled, reaching a staggering $13.61 million per individual in 2023. This increase has reshaped the estate planning strategies for many and underscored the importance of staying ahead in a dynamic financial environment. However, this heightened threshold is set to change post-2025, reverting to pre-TCJA levels. The following provides a detailed historical context of the BEA, tracing its evolution since 1916, and prepares you for the upcoming changes.

With the IRS confirming that there will be no “clawback” on large gifts made before the end of 2025, the window for maximizing wealth transfer is now. Additionally, we explore the annual gift tax exclusion, set at $18,000 per recipient in 2024, and a suite of estate planning strategies, including dynasty trusts, ILITs, and accelerated 529 plan gifts. Read on as we unravel these complexities and prepare you for a future that maximizes your estate’s potential.

A Century of Change: Tracing the Evolution of Estate Tax Exemptions

The historical evolution of the estate tax exemption amount in the United States, particularly since the Tax Cuts and Jobs Act (TCJA) of 2017, represents a significant shift in estate planning and wealth transfer. Initially set at $50,000 in 1916, the basic exclusion amount (BEA) has undergone numerous changes, reflecting the nation’s economic and political shifts. Notably, the BEA reached $1 million in 2002, which gradually increased over the decades.

The TCJA marked a pivotal moment by doubling the exemption amount from $5 million per person in 2010 to approximately $11.18 million in 2018, adjusted for inflation. By 2023, this amount stood at $13.61 million per individual, allowing a combined $27.22 million for married couples. However, this increase is temporary, with a scheduled sunset at the end of 2025, potentially reverting the exemption to between $6 million and

$7 million per individual. This looming change underscores the importance of adaptive estate planning in response to the evolving tax landscape.

Current Estate Tax Thresholds

As of 2023, the current Basic Exclusion Amount (BEA) for estate taxes in the United States stands at a historically high level due to the Tax Cuts and Jobs Act (TCJA) of 2017. This legislation significantly raised the exemption threshold at $12.92 million per individual. Consequently, the combined exemption amount for married couples is approximately $25.84 million. This substantial increase from previous levels represents a near doubling of the exemption amount, offering a significant opportunity for wealth transfer and estate planning.

However, This elevated exemption level is temporary and set to sunset at the end of 2025. Unless legislative action extends or modifies these thresholds, the exemption amounts will revert to their pre-TCJA levels, adjusted for inflation. This anticipated reversion is expected to bring the exemption amount to approximately $7 million for individuals and around $14 million for married couples. The impending sunset of these increased exemption amounts underscores the importance of proactive estate planning and wealth transfer strategies in the face of changing tax landscapes.

The Sunset Clause: Navigating the Future of Estate Taxes Post-TCJA

The Sunset Provision of the Tax Cuts and Jobs Act (TCJA) is a critical aspect of current estate tax law, with significant implications for estate planning. Enacted in 2017, the TCJA substantially increased the Basic Exclusion Amount (BEA) for estate taxes, but this increase is not permanent. As of 2023, the BEA stands at $12.92 million per individual, allowing a married couple to combine their exemptions for a total of approximately $25.84 million. This represents a significant elevation from the pre-TCJA levels.

However, under the Sunset Provision, these increased exemption amounts are scheduled to revert to their pre-TCJA levels at the end of 2025. This means that unless Congress intervenes with new legislation, the BEA will drop back to $5 million, adjusted for inflation. Current estimates suggest that this adjustment could result in a BEA of between $6 million and $7 million per individual. This impending reduction in the exemption amount necessitates strategic planning for individuals and families to effectively manage their estate tax liabilities. The Sunset Provision thus serves as a pivotal factor in estate planning, urging individuals to consider proactive measures to optimize their estate’s value under the evolving tax regime.

Gift Now or Pay Later: Leveraging the Current Exemption for Major Gifting

The opportunity to make large gifts under the current high exemption amount, as set by the Tax Cuts and Jobs Act (TCJA), is a significant aspect of estate planning that is drawing attention due to the impending sunset of these provisions. The TCJA, enacted in 2017, substantially raised the lifetime gift and estate tax exemption, creating a favorable environment for high-net-worth individuals and families to transfer wealth.

As of 2023, the exemption stands at $12.92 million per individual, and $25.84 million for married couples. This elevated level offers a unique opportunity for substantial gifting without incurring federal gift taxes. However, this window is time-limited, as the exemptions are scheduled to revert to approximately $7 million for individuals and $14 million for married couples, adjusted for inflation, starting January 1, 2026.

The IRS has provided clarity on this matter, confirming that estates making large gifts before the end of 2025 will not face a “clawback” in the future. This means that the tax benefits associated with the higher exclusion will be preserved, even after the exemption amounts decrease. This assurance from the IRS encourages individuals to consider utilizing the larger exemption before it sunsets. Estate planning professionals are advising clients to take advantage of this period to make significant gifts, thereby reducing their taxable estate and potentially saving on future estate taxes. This strategy is particularly relevant for assets expected to appreciate in value, as it also removes future appreciation from the taxable estate.

Every Year Counts: Strategic Gift Planning with Annual Exclusions

The annual gift tax exclusion is a critical component of estate planning, particularly in the context of the upcoming changes to the estate tax exemption amounts. As of 2024, the annual gift tax exclusion amount is set at $18,000 per recipient. This provision allows individuals to give away up to $18,000 per year to an unlimited number of people without incurring any gift tax liabilities or affecting their lifetime gift and estate tax exemption.

This exclusion is particularly advantageous for individuals looking to reduce their taxable estate. By strategically utilizing the annual gift tax exclusion, individuals can transfer a significant amount of wealth out of their estate over time, thereby reducing the potential estate tax burden upon their death. For example, a person with three children could gift each child $18,000 annually, totaling $54,000 per year, without any gift tax consequences. Over several years, this can result in a substantial transfer of wealth.

Moreover, if married, each spouse can gift $18,000 per recipient, effectively doubling the amount that can be gifted tax-free each year. This strategy is especially beneficial for high-net-worth individuals who are looking to maximize the transfer of their wealth to the next generation while minimizing tax implications. Given the impending reduction in the estate tax exemption amounts in 2026, the annual gift tax exclusion offers a valuable tool for estate planning, allowing individuals to proactively manage their estate’s size and potential tax liabilities.

Crafting Your Legacy: Advanced Strategies for Estate Preservation

In light of the impending sunset of the increased estate tax exemption amounts under the Tax Cuts and Jobs Act (TCJA), various estate planning strategies are being emphasized to take advantage of the current higher exemption levels. These strategies include the use of dynasty trusts, irrevocable life insurance trusts (ILITs), and accelerated 529 plan gifts.

1. Dynasty Trusts: These are long-term trusts designed to pass wealth across multiple generations while minimizing estate taxes at each transfer. By placing assets into a dynasty trust, families can shield these assets from estate taxes for several generations, thereby preserving more wealth for future heirs. The trust can be structured to provide for the needs of each generation while maintaining the principal within the trust.
2. Irrevocable Life Insurance Trusts (ILITs): An ILIT is a trust that owns a life insurance policy on the grantor’s life. The death benefit from the policy can be used to provide liquidity to pay estate taxes, debts, and other expenses upon the grantor’s death, without the insurance proceeds being included in the taxable estate. This strategy is particularly useful for individuals with large estates and significant potential estate tax liabilities.
3. Accelerated 529 Plan Gifts: The 529 plan is a tax-advantaged savings plan designed to encourage saving for future education costs. Accelerated gifting to a 529 plan involves making a lump-sum contribution that is treated as if it were spread over five years for gift tax purposes. This allows individuals to front-load a significant amount into a beneficiary’s 529 plan without triggering gift taxes, thereby reducing their taxable estate.
4. Create a Carefully Crafted Gifting Plan To Implement Before The End Of 2025:

This plan should include:

• Assessing Financial Capacity for Gifting: Determine the amount that can be gifted without affecting your lifestyle or charitable contributions.
• Choosing the Right Assets for Gifting: Focus on assets expected to appreciate or those subject to valuation discounts.
• Timing and Structuring of Gifts: Plan the timing and structure of the gifts to maximize the use of the current exemption and consider the future appreciation of assets.

This proactive approach will ensure that the benefits of the higher exemption levels are fully utilized before the potential decrease in 2026.

These strategies are particularly relevant as the current exemption amounts of $12.92 million per individual and $25.84 million for married couples are set to revert to approximately $6 million and $12 million adjusted for inflation in 2026. By implementing these strategies, individuals can maximize the transfer of wealth to their heirs under the current favorable tax conditions. It is important for individuals to consult with estate planning professionals to determine the best strategies based on their specific circumstances and goals.

A Changing Landscape: Adapting to the New Norms in Estate Planning

The planned sunset of the increased estate tax exemption amounts under the Tax Cuts and Jobs Act (TCJA) is poised to have a significant impact on estate planning. A survey among estate planning professionals indicates that a substantial percentage believe that at least half of their clients will be affected by these changes. This expectation is based on the fact that the current exemption amounts of $12.92 million per individual and $25.84 million for married couples, which are historically high, are set to revert to their pre-TCJA levels at the end of 2025.

The reversion of these exemption amounts to approximately $6 million and $12 million, respectively, adjusted for inflation, means that many estates currently not subject to estate taxes could become taxable. This change necessitates a reevaluation of existing estate plans, particularly for high-net-worth individuals and families. Estate planning professionals are likely to see an increased demand for strategic planning services as clients seek to navigate this changing landscape. The survey underscores the urgency for proactive estate planning to address the potential increase in estate tax liabilities and to explore strategies for wealth preservation and transfer under the new tax regime.

Joel A. Harris: 30 Years of Protecting California’s Estates – Start Your Journey

As we navigate the complexities of estate planning in the face of the upcoming changes to the estate tax exemption, it’s clear that this journey is not one to embark on alone. The landscape of estate taxes, with its historical shifts and future uncertainties, requires expert guidance to ensure your legacy is protected and maximized. This is where the expertise of Joel A. Harris comes into play. With over 30 years of experience in safeguarding the estates of families across California, Joel A. Harris offers the knowledge and insight needed to tailor an estate plan that suits your unique situation.

Whether you’re looking to update an existing plan or starting from scratch, our team is equipped to guide you through every step. From understanding the nuances of the current exemption amounts to strategizing for the post-2025 landscape, we’re here to help you make informed decisions. Don’t let the potential complexities of setting up a trust or estate plan deter you. Reach out to us online, visit us in person, or give us a call at (925) 757-4605. Let Joel A. Harris be your trusted partner in navigating the intricacies of estate planning and securing your family’s future.

Sources:

• https://ascent.usbank.com/private-capital-management/ascent-resources-and-insights/personal-legacy-planning/estate-tax-exemption-sunset.html
• https://www.calcapmgt.com/resource-center/estate/are-you-prepared-for-an-estate-tax-sunset
• https://www.fidelity.com/learning-center/wealth-management-insights/TCJA-sunset-strategies
• https://www.linkedin.com/pulse/sunset-2026-planning-federal-estate-tax-exemption-reductions-cpwwf/
• https://taxfoundation.org/data/all/federal/federal-estate-and-gift-tax-rates-exemptions-and-exclusions-1916-2014/
• https://info.wealthcounsel.com/blog/sunset-of-the-estate-tax-exemption-amount