Following the post-COVID stimulus hangover in 2022, the bull market has continued to run. One of the key factors was the Federal Reserve’s decision to
Avoiding the Estate Tax Trap in the New Tax Law Environment
Published Date : January 25, 2018
The new tax law has brought about significant financial changes and opportunities for individuals and families, not least of which is the substantial increase in the estate and gift tax Lifetime Exemption amount. This amount has essentially doubled overnight, to a newly available $11.2 million per person in 2018 ($22.4 million for married couples). As a result of this generous new provision, many people will currently not be affected by this area of taxation, and thus, they might simply feel inclined to now avoid estate planning altogether, feeling (quite rightly in the moment) that this whole matter does not apply to them. But there are still a few good reasons to stay engaged and proactively planning on the estate front, including the temporary nature of these new Lifetime Exemption amounts which currently remain available only through the year 2025, as well as something called “portability”. While this all seems like straightforward good news for many high-net-worth families, without ongoing proactive planning, it could also potentially increase the likelihood of a surviving spouse leaving the estate vulnerable to the “estate tax trap” upon their own death — and the estate tax itself remains, at the rate of 40%.
The estate tax trap is a term used to describe the inadvertent triggering of the estate tax at the second spouse’s death due to assets being taxable that could have previously been excluded at the time of the first spouse’s death. With this new law raising the Lifetime Exemption to $11.2 million per person, some surviving spouses may simply find it unnecessary to file a Form 706 (estate tax return) at the time of their spouse’s death. Besides, filing a 706 is typically expensive and time-consuming, and even somewhat invasive at a time when emotions are raw, so filing it might seem excessive and unnecessary. There are, though, two compelling factors to carefully consider before deciding whether to file a 706 or not. First, there is a distinct possibility that the estate tax exemption amount will change over time, not only because it is already set to expire in 2025, but also because a future Congress might simply change the provisions. Secondly, there is an inherently valuable feature in current estate tax law called the portability election. This concept enables a surviving spouse to take over any unused portion of their deceased spouses Lifetime Exemption. That is, it makes it portable among spouses as long as it is elected when filing an estate tax return, or Form 706; it is not automatic.
Again, this may not seem like an issue now; however, estates can add up quickly, and there will hopefully be future price appreciation on assets, too. For example, take someone with a primary residence at $4 – $5 million or so and a second home at $1 – $2 million, a portfolio of $3 – $5 million and some IRA’s adding up to another half million or more. Suddenly, the new Lifetime amount is just barely sufficient to cover it all and, without proper planning and/or portability, there would be far less wiggle room. Hence, despite the welcome new estate-related provisions of the recent tax law, it still makes sense for many people to actively engage in sensible ongoing estate planning to help avoid any unnecessary tax traps, and their unpleasant associated costs.
Source: www.irs.gov
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