How families are skirting estate taxes: Wealthy Americans have doubled the amount they’re gifting each year as the end of Trump-era tax breaks looms

How families are circumventing estate taxes: Wealthy Americans have doubled the amount they give each year as the end of Trump-era tax breaks approaches

  • Former President Donald Trump doubled the amount families could give away without paying inheritance tax
  • But the tax break expires in 2026, and the possibility of an extension is unclear
  • IRS figures show that Americans doubled the amount they gave away by 2026

Wealthy families scramble to donate their money as the generous Trump-era tax cuts come to an end.

The former president doubled the amount families could give away in their lifetime without paying estate taxes from $5 million to $10 million in 2017.

But the temporary cuts expire in 2026, prompting wealthy Americans to move their money.

Internal Revenue Service figures show that Americans gave away $182.6 billion in 2021, more than double the $75.2 billion they gave away the previous year. Gifts worth more than $17,000 per year are reported on IRS Form 709.

Financial planners said couples with a net worth of more than $10 million feel the urgency to protect their assets in anticipation of the changes.

Internal Revenue Service figures show that families gave away $182.6 billion in 2021, more than double the $75.2 billion they gave away the previous year

New Jersey-based public accountant Shamisa Zvoma, told the Wall Street Journal: ‘We are looking at a golden opportunity to transfer tax-free.’

Of the funds given away in 2021, more than $100 billion was donated through trusts, with an additional $14.8 billion going to charity. Trusts are a popular way for parents to give away their money while they’re alive — without incurring a huge tax bill.

Trump’s $10 million threshold was indexed for inflation, meaning that by 2023, the gift and estate tax exemption was $12.92 million per person. Couples can donate up to $25.84 million together.

Inheritance is a contentious political issue: Republicans have long advocated the total elimination of estate taxes, while Democrats have argued that it should be tightened.

It means that when the current rules expire on December 31, 2025, there is no guarantee that they will be extended.

Real estate attorney Peter Tucci, of Proskauer, told the WSJ that next year the threshold will likely be adjusted to $13.61 million before going back up to $14 million in 2025.

Then it will probably drop by half to $7 million by 2026, Tucci predicts.

“You have to assume that the exemption amount will go down,” he said.

Inheritance is a contentious political issue: Republicans have long advocated the total elimination of estate taxes, while Democrats have argued that it should be tightened

Inheritance is a contentious political issue: Republicans have long advocated the total elimination of estate taxes, while Democrats have argued that it should be tightened

“If you count on the exemption remaining at $14 million in 2026, that’s a gamble and you may be leaving a lot of tax savings on the table.”

Tucci added that a family that transfers the full $28 million exemption amount to their children by 2025 could save a whopping $5.6 million in tax if they die in 2026.

And the tax savings will be greater in the long run: if money grows in a trust, the increase in value is exempt from transfer tax.

A Global Wealth Report by economists from UBS and Credit Suisse shows that there are 1.5 million Americans with a net worth between $10 million and $50 million. Another 125,000 citizens are even richer.

The numbers come as reports suggest Americans are in the midst of a “great wealth transfer,” with Millennials and Generation Z set to hand over $53 trillion by their baby boomer parents before 2045.

Recent research by life insurer New York life found that adults who expect to inherit in the next 10 years will receive an average of $700,000.

How to avoid a shocking tax bill on your estate

Giving during life

IRS rules allow parents to gift up to $17,000 a year to an unlimited number of individuals — with no federal gift or estate taxes.

And spouses can also give the same amount – doubling the amount a couple can pass on.

This is especially helpful if a person is about to reach the lifetime gift tax exemption — that’s $12.92 million per person, or $25.84 million for a couple. All money beyond that is taxed at a rate of 40 percent.

Thanks to the Tax Cuts and Jobs Act (TCJA), the exemption fee has increased significantly from $5.49 million per person in 2017. However, this is only a temporary law that will only be in effect until 2025.

Give your home as a gift – while you continue to live in it

Setting up a living will means you can donate your property with the understanding that you remain a ‘life tenant’ – meaning you can live there until your death.

In the meantime, you will also remain responsible for paying mortgage obligations, OZB and building insurance.

Doing this effectively streamlines inheritance and avoids probate – the legal process of proving a will.

Set up a trust

Leaving your money in a will can again lead to a costly and time-consuming probate process.

In addition, by putting your money into a trust, your heirs can qualify for a property step-up basis.

A step-up basis adjusts the value of inherited assets to current fair market value, helping to reduce capital gains taxes in the future.

Capital gains tax is a charge levied on the amount your wealth has increased in value over time.

For example, if a parent purchased a property for $20,000 and it has grown in value to $500,000 today, the property will have a “step basis” upon death that reflects its true value.

If the heir then sells the property for $700,000, they will only be taxed on the $200,000 increase in value. Without the “step up” ground rules, they would have been taxed on the $680,000 increase in value since the parents’ initial purchase.