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Navigating Estate and Gift Tax Changes Under the OBBBA

The introduction of the One Big Beautiful Bill Act (OBBBA) has significantly altered the landscape of estate and gift tax planning. These changes bring both challenges and opportunities, particularly for high-net-worth individuals.Image 3

Revised Estate and Gift Tax Exclusion: This exclusion determines how much can be shielded from the estate tax. For anyone whose estate value is below the exclusion amount at the time of their passing ($13.99 million in 2025), no federal estate tax is owed. Importantly, filing an estate tax return might still be beneficial in certain cases, particularly to leverage the portability election.

Whenever gifts surpass the annual exclusion limit ($19,000 in 2025), a gift tax return (IRS Form 709) is required. However, usually no gift tax is due, as the excess can be applied against the person’s lifetime estate and gift tax exclusion, settled later via IRS Form 706.

Key Adjustments: Permanently setting the exclusion at $15 million per individual post-2025, adjusted for inflation, continues the path set by the 2017 Tax Cuts and Jobs Act. Without the OBBBA, these limits were expected to drop to approximately $7 million. Now, affluent individuals have a stable framework for more precise long-term planning.Image 2

This favorable scenario facilitates strategic estate planning and immediate wealth management.

Implications for Generation-Skipping Transfers (GST): In sync with the estate and gift tax exclusions, the GST tax exclusion is now set at $15 million, adjusted for inflation from 2026. The GST tax typically applies to wealth transferred over a generation, such as from grandparents to grandchildren, skipping the parents. This alignment ensures that significant generational wealth transfers are justly taxed without hindering strategic planning.

The Advantage of Portability: Married couples can reap significant benefits from the portability election in estate planning. This allows the surviving spouse to inherit any unused portion of the deceased's exclusion. For instance, if a spouse’s estate in 2026 doesn’t exhaust the full $15 million exclusion, the remainder transfers to the surviving spouse, potentially doubling the tax-free transfer capacity for the pair. To secure this benefit, a timely Form 706 must be filed by the executor.Image 1

Strategic Wealth Management: The OBBBA invites scrutiny of existing estate plans. With a permanent $15 million exclusion cap, individuals can align their plans with long-term goals and family wealth objectives. For estate planning professionals, the Act calls for innovative planning that remains adaptable to inflation, economic shifts, and future legislation.

Conclusion: The estate and gift tax dynamics fashioned by the OBBBA provide a fertile ground for informed planning. Increased exclusions, GST alignment, and portability electoral benefits create a proactive environment for preserving wealth across generations. It's essential for affluent individuals to collaborate with their tax advisors to refine and capitalize on these resources.

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