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Navigating Estate and Gift Tax Reforms: Key Insights from the One Big Beautiful Bill Act

The recently enacted One Big Beautiful Bill Act (OBBBA) has introduced significant revisions to estate and gift tax regulations, opening up new avenues for strategic tax planning. These changes are particularly transformative for high-net-worth taxpayers, reshaping the estate tax exclusion landscape and elevating the importance of strategic planning for affluent individuals.

Estate Planning

Overview of Estate and Gift Tax Exclusions: The estate and gift tax exclusion represents the total value that can be transferred without incurring federal estate or gift taxes. As of 2025, estates valued under the exclusion threshold of $13.99 million incur no federal estate tax, though filing an estate tax return can still be strategic in certain scenarios, such as taking advantage of the Portability Election.

For gifts exceeding the annual exclusion ($19,000 for 2025), a gift tax return is mandatory (IRS Form 709), though the donor typically isn’t liable for gift tax, thanks to the cumulative lifetime estate and gift tax exclusion. Upon the donor's demise, an assessment using IRS Form 706 determines if combined excess gifts and the estate's value surpass the lifetime exclusion, which increases in line with inflation annually.

Estate and Gift Tax Exclusions: Critical Modifications: The OBBBA has established a "permanent" estate and gift tax exclusion of $15 million per individual starting in 2026, with inflation adjustments thereafter. This policy maintains the enhancements set by the Tax Cuts and Jobs Act of 2017, protecting taxpayers from a reduction to approximately $7 million, anticipated before OBBBA.

This modification allows taxpayers to craft more accurate estate plans, ensuring wealth transfer without tax liabilities, thus providing a degree of stability and foresight essential for long-term estate arrangements and immediate financial management strategies.

Financial Review

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Generation-Skipping Transfers: Implications: Aligned with estate and gift tax exclusions, the Generation-Skipping Transfer (GST) tax exclusion is similarly adjusted. The GST tax applies to transfers bypassing a generation, such as from grandparents to grandchildren. OBBBA sets the GST exclusion at $15 million from 2026, enforced by subsequent inflation rate adjustments, ensuring strategic intergenerational wealth transfers while maintaining taxation integrity.

Advantages of the Portability Election: A key tactic in estate planning for married couples involves the portability election, empowering a surviving spouse to claim any unused portion of the decedent's exclusion. By utilizing this strategic election, couples can effectively double their tax-free transfer potential, mitigating financial stress and enhancing estate management flexibility. This mechanism is integral in the comprehensive suite of estate planning strategies under OBBBA.

To capitalize on this benefit, timely submission of Form 706 by the executor is essential, even when estate tax liability is absent.

Strategic Insights for Wealth Management: The OBBBA mandates a reassessment of existing estate plans. Taxpayers anticipating a reduction in exclusion thresholds can now leverage the enhanced limits, aligning them with their financial and familial objectives. Estate planners must integrate these provisions into adaptive plans that remain resilient against inflation, economic uncertainties, and potential legislative shifts, employing tools like gifts and trusts to maximize tax efficiency.

Client Consultation

Conclusion: The intricacies introduced by the One Big Beautiful Bill Act redefine estate and gift tax planning, offering robust opportunities for wealth conservation across generations. With the expanded exclusions and aligned GST provisions, now is an opportune moment for high-net-worth individuals to engage with tax advisors and estate planners to refine and enhance their strategies, ensuring enduring financial security and confidence.

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Choose from our locations and meet with one of our qualified staff members. If you prefer to secure a Virtual Meeting via Zoom or Phone, please contact our offices at 877.908.1040
Schedule Here
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