Revising Estate Strategy Assumptions

When the rules of the game change, tactics should follow in response to the new landscape. While estate tax exemptions have ridden an uncertain roller coaster in recent years, the rules appear to be stabilizing, prompting many to reconsider conventional estate strategies.¹ 

The Tax Cuts and Jobs Act (TCJA) made sweeping revisions to the federal tax code that affect individuals, businesses and estates. Focusing specifically on estate tax law, the TCJA temporarily doubles the combined gift and estate tax exemption and the generation-skipping transfer (GST) tax exemption.

From 2018 to 2025, the combined gift and estate tax exemption and the GST tax exemption amounts double from an inflation-adjusted $5 million to $10 million. For 2019, the inflation-adjusted exemption amounts are $11.4 million ($22.8 million for married couples). Absent further congressional action, the exemptions will revert to their 2017 levels (adjusted for inflation) beginning January 1, 2026. The marginal tax rate for all three taxes remains at 40 percent.²

This exemption increase means that potentially hundreds of thousands of additional American households may be able to pass on their assets free of estate taxes. It also means that individuals may want to revisit their current approach to estate management. 

Changes in Gift Strategies 

One of the objectives of gifting assets is to manage estate taxation on its future growth. Since more assets are excluded from the estate tax, the need to gift assets for tax purposes may no longer be necessary. 

For many estates, there may now be no reason to gift assets during a lifetime, unless there is a present need with a family member. 

Joint Ownership of Assets 

An individual may want to consider re-titling assets to joint ownership with a spouse to take advantage of the step-up when the first spouse dies, which may save capital gains taxes when the asset is subsequently sold by the surviving spouse. 

Rethinking Trust Strategies 

Spouses no longer need to create or maintain a trust in order to take full advantage of both spousal exemptions since the surviving spouse is now able to claim the deceased spouse’s exemption. Indeed, previously established trusts may actually raise tax bills by missing out on the step-up.³ 

Creating an estate strategy is complex and should be done with the assistance of a tax or legal adviser. Suffice it to say that these recent changes represent a good reason to revisit your existing approach to estate management. 

Call our trust, gift and estate planning team at 434.296.2156 or email us at info@hwllp.cpa. 

1. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. 

2. Internal Revenue Service 

3. Using a trust involves a complex set of tax rules and regulations. Before moving forward with a trust, consider working with a professional who is familiar with the rules and regulations.

Some of this material was developed and produced by FMG, LLC, to provide information on a topic that may be of interest. FMG, LLC, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information and should not be considered a solicitation for the purchase or sale of any security. Copyright 2019 FMG Suite.