Will Portability Changes to Estate Tax Exemption Affect Me?
The Internal Revenue Service has issued new guidance extending the time that executors have to elect portability.
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TakeawaysThe Internal Revenue Service (IRS) has released the gift tax and estate tax exclusions for tax year 2026. These exclusion amounts are adjusted annually to account for changes in the cost of living. The following updates become effective January 1, 2026.
The federal estate tax exemption will increase to $15 million per individual in 2026 ($30 million for married couples) for people who die on or after January 1, 2026. This is up from $13.99 million for individuals dying in 2025.
Estates whose taxable value falls below that threshold generally will not owe federal estate tax. (Depending on the state you live in, however, you may or may not also be subject to state estate or inheritance tax.)
Also as of 2026, the annual exclusion for federal gift tax will remain at $19,000 per recipient. This means that an individual may give up to $19,000 during the 2026 calendar year to any one person without needing to file a gift tax return (Form 709). Married couples may effectively give up to $38,000 per recipient if they elect gift-splitting on Form 709 and should coordinate such gifts with a tax advisor.
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The federal gift tax generally applies when you give any money or property, including cash, real estate, stocks, crypto, and valuable personal property, to someone without receiving something of equal value in exchange, and the amount you have given exceeds the annual exclusion amount. When federal gift tax is owed, it is typically imposed on the donor, not the recipient.
Gifts between spouses who are both U.S. citizens are typically unlimited and do not trigger gift tax. However, if your spouse is not a U.S. citizen, the annual exclusion for gifts to that spouse is limited to $194,000 in 2026 (up from $190,000 in 2025).
The lifetime gift and estate tax exclusion will be $15 million per individual in 2026. Taxable gifts you make during your lifetime reduce this total. You generally won’t owe gift tax until your cumulative taxable gifts exceed this lifetime exclusion. (At that point, additional gifts or estate transfers may be subject to tax.)
Even with the significant increase in the federal estate tax exemption, it remains crucial for individuals to review and potentially update their estate planning documents for several reasons.
While the higher federal exemption might reduce the number of estates subject to federal tax, a comprehensive estate plan addresses far more than just tax liabilities. Regular review ensures that your plan remains current, effective, and aligns with your evolving wishes and circumstances.
The Internal Revenue Service has issued new guidance extending the time that executors have to elect portability.
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