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Navigating Estate and Gift Tax Changes under the OBBBA

The recently enacted One Big Beautiful Bill Act (OBBBA) brings significant developments for estate and gift tax strategists. These adjustments unlock new avenues for taxpayers, urging prompt and strategic estate planning, especially for affluent individuals.

Understanding Estate and Gift Tax Exclusions: The estate and gift tax exclusion dictates the amount exempt from federal estate taxes. If the worth of a decedent’s estate is below the exclusion threshold of $13.99 million in 2025, federal estate tax obligations are nullified, although opting for filing an estate tax return remains wise (explored further under Portability Election). When annual personal gifts exceed the exclusion limit of $19,000 in 2025, the gift giver must file IRS Form 709. Here, lifetime estate and gift tax exclusions cover excess amounts, with a reconciliation required at the time of death using IRS Form 706.

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Estate Tax Exclusion Adjustments: The OBBBA sets the estate and gift tax exclusion permanently at $15 million per person starting in 2026, with adjustments for inflation. This aligns with the course previously mapped by the Tax Cuts and Jobs Act of 2017, assuring continuity in high-net-worth estate planning by circumventing a drop to a pre-TCJA level of about $7 million.

This permanence primes taxpayers for more accurate estate planning, facilitating wealth transfer with minimized tax repercussions. The stability it introduces is integral to asset management strategies and long-term planning alike.

Impact on Generation-Skipping Transfers: The Generation-Skipping Transfer (GST) tax, affecting direct transfers from grandparents to grandchildren, now shares alignment with estate and gift tax exclusions under OBBBA, notably at $15 million commencing in 2026, subject to inflation. This shift hinders untaxed generational transfers while preserving optimization avenues for minimizing tax liabilities.

Exploring Portability Election Benefits: A key strategy for couples is the portability election, advantageous upon a spouse’s death. It allows transferring unused estate and gift tax exclusions to the surviving partner, effectively enhancing their tax-free transfer potential. For example, if a spouse whose estate in 2026 is less than $15 million, the balance can be carried over, doubling the couple's transfer capability. This flexibility greatly alleviates the survivor’s financial load and safeguards their estate management.

Filing Form 706 timely post-death achieves this transfer, even in the absence of owing taxes.

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Strategic Implications for Wealth Planners: OBBBA calls for a reassessment of estate plans. Taxpayers, previously bracing for lowered exclusion thresholds, can now exploit the consistent $15 million exclusion to sync with their long-term fiscal objectives. Estate planners encounter the dual challenge and opportunity of crafting plans resilient to market volatility and legislative shifts, thus efficiently harnessing gifts, trusts, and other modalities to maximize tax outcomes.

Conclusion: The evolving landscape of estate and gift taxes under the OBBBA introduces intricate yet rewarding planning potentials. With augmented exclusions and favorable GST rule adjustments, taxpayers and advisors have fertile ground for wealth preservation across generations. It's an opportune moment for wealthy clients to engage with tax and estate advisors for strategy optimization.

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