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Maximizing Opportunities Under the Current Gift Tax Exemption

Posted by David A. Esquibias | Feb 14, 2025 | 0 Comments

The clock is ticking on one of the most generous lifetime, or intervivos, gift tax exemptions in U.S. history. As an attorney with over 30 years of experience in estate planning and taxation, I urge you to act now to secure your family's financial future by leveraging this fleeting opportunity before it sunsets on January 1, 2026.

The current federal estate and gift tax exemption (called the "unified credit"), established under the 2017 Tax Cuts and Jobs Act, allows individuals to gift up to $13.99 million (or $27.98 million for married couples) tax-free in 2025. However, absent new legislation, this exemption will revert to approximately $5 million (adjusted for inflation) in 2026. This reversion could expose millions of dollars in transferred wealth to gift taxes at a steep 40% rate.

For affluent families, this temporary window offers unparalleled opportunities to implement advanced estate planning strategies. By acting now, you can:

Transfer Wealth Tax-Efficiently: Use the increased exemption to make substantial gifts during your life to children, grandchildren, or other heirs, reducing the size of your taxable estate.

Establish Legacy Trusts: Fund generation-skipping trusts, ensuring long-term wealth preservation for future generations while avoiding significant tax burdens.

Leverage Advanced Strategies: Consider techniques such as Spousal Lifetime Access Trusts (SLATs), Qualified Personal Residence Trusts (QPRTs), or closely-held business transfers to optimize asset growth and minimize tax exposure.

Sophisticated planning takes time. The process involves careful coordination with your attorney, financial advisor, and tax professional to tailor strategies that align with your unique goals and circumstances.

Failing to act before the exemption sunsets could mean losing the chance to shield millions of dollars from taxation—an opportunity that may not return. By consulting your advisory team now, you can capitalize on the current laws to secure your legacy and protect the wealth you've worked so hard to build.

Don't wait until the deadline looms. A proactive approach today ensures you're not leaving money on the table tomorrow. Take the time to meet with your advisors and explore these opportunities while they're still within reach.

About the Author

David A. Esquibias

Is an experienced attorney, certified by the State Bar of California Board of Legal Specialization in Estate Planning, Trust and Probate Law. He is member of the California State University, Channel Islands, Advisory Council (2007-2010); a member of the Board of Directors of the Estate Planning, ...

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