Two people exchange a document at a wooden desk in a formal study with large windows overlooking grounds

Upcoming Changes to Estate and Gift Taxes: What to Know

SimplyTrustSimplyTrust Editorial···2 min read

Potential estate and gift tax changes are on the horizon—are you prepared for what’s next?

Are you prepared for potential shifts in estate and gift tax laws? With discussions heating up around possible tax changes, it’s crucial to stay informed. As the national election approaches, many experts believe we could see significant alterations to estate planning strategies that could impact your financial legacy.

Currently, the exemption amount for estate, gift, and generation-skipping transfer taxes stands at $11,580,000 per person. However, proposals are circulating that could reduce this figure to as low as $3,500,000 per person. This reduction would dramatically affect individuals and couples planning their estates. If the exemption decreases, more estates could fall under taxable thresholds, leading to higher taxes on inherited wealth.

In addition to changing exemption amounts, the estate and gift tax rates currently set at 40% may face increases. Some proposals suggest rates could rise to 50% or more for high-value estates. This means that your heirs may inherit less than you intend, raising the stakes for effective estate planning.

Another critical area of discussion involves the step-up in basis rules. Under present law, assets inherit a new tax basis equal to their fair market value, effectively shielding heirs from capital gains taxes on any appreciation that occurred during the deceased’s lifetime. If these rules are altered, heirs could face significant tax implications on asset sales, losing out on tax benefits that current laws provide.

Lastly, the treatment of grantor trusts is under review. Presently, assets in a properly structured grantor trust are excluded from the grantor’s taxable estate. However, changes could lead to these assets being included in the estate, which might affect many estate plans.

So, what can you do now? Consider acting quickly to take advantage of the current exemption amounts. Making gifts before December 31, 2020, could allow you to utilize the higher exemption levels while they last. Additionally, exploring options like Spousal Lifetime Access Trusts or Charitable Lead Annuity Trusts might be beneficial strategies to consider in light of potential changes. Don’t wait until the last minute—review your estate plan today to ensure it aligns with your goals amid these uncertainties.

Read the original article →

Forms for Planning Your Estate

Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

Get Started
Free

Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

Get Started
Free

Financial Power of Attorney

Name someone to manage your finances if you can't.

Get Started
Free

Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

Get Started
Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

Get Started
Free

Living Will

State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.

Get Started

All forms

Tools for Planning Your Estate

Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

Compare costs across estate planning providers including online services and attorneys.

Compare Costs

How Much Life Insurance Do I Need?

Calculate your life insurance needs based on income, debts, and family situation.

Use Calculator

Are My Beneficiary Designations Protected?

Check how divorce, creditors, and state laws affect your beneficiary designations.

Check Now

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate.

Use Calculator

Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will.

Use Calculator

How Much Does a Revocable Living Trust Cost?

Compare revocable living trust costs across providers including online services and attorneys.

Compare Costs

How Much Does a Will Cost?

Compare will costs across providers plus probate costs your heirs will pay.

Compare Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Services

All tools