Search Articles

Find Attorneys

Annual Gift Tax and Estate Tax Exemptions for 2026

  • November 4th, 2025

Closeup of adult holding a jar of cash with a label that says 2026.Takeaways

  • The federal estate tax exemption for 2026 will increase to $15 million per individual, with married couples exempt up to $30 million.
  • The annual gift tax exclusion will remain at $19,000 per individual for 2026, with a lifetime gift and estate tax exemption of $15 million.

Last month, the Internal Revenue Service (IRS) 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.

2026 Federal Estate Tax Exemption

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.)

2026 Gift Tax Exemption

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.

Local Elder Law Attorneys in Your City

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

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.)

Review Your Estate Plan Despite the Increased Federal Estate Tax Exemption

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.

  • State estate taxes. As mentioned above, many states have their own estate or inheritance taxes, and their exemption levels may be much lower than the federal exemption. An updated plan can help mitigate or avoid state-level taxes.
  • Non-tax objectives. Estate planning is not solely about minimizing taxes. It also involves ensuring your assets are distributed according to your wishes, designating guardians for minor children, establishing trusts for beneficiaries with special needs, and outlining health care directives. These objectives are not affected by federal tax law changes and require periodic review.
  • Changes in personal circumstances. Life events such as marriage, divorce, birth or adoption of children, death of a beneficiary or executor, or significant changes in wealth can all necessitate updates to an estate plan.
  • Changes in beneficiaries or inheritances. You may wish to change who inherits your assets, or the specific assets they receive. Your relationships with beneficiaries can change, or their financial needs might evolve.
  • Changes in laws (beyond federal estate tax). Other laws impacting estate planning, such as those related to powers of attorney, health care proxies, or trust administration, can change over time.
  • Asset growth and composition. As your wealth grows or the nature of your assets changes (e.g., acquiring new property, starting a business, investing in new asset classes), your estate plan needs to reflect these changes to ensure proper management and distribution.
  • Executor and trustee appointments. The individuals you’ve appointed as executors or trustees may no longer be suitable due to age, health, location, or changes in their own personal circumstances.
  • Digital assets. With the increasing importance of digital assets (online accounts, cryptocurrency, intellectual property), it’s essential to include provisions for their management and transfer in your estate plan.
  • Health care directives and power of attorney. It’s important to regularly review your living will and durable power of attorney for health care to ensure they still reflect your wishes regarding medical treatment and that your chosen agents are still appropriate.

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.


Created date: 11/04/2025
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE