Blog

Learning Center

We keep you up-to-date with all the latest tax news and changes in the industry.

Navigating Estate and Gift Tax Reforms in the OBBBA Era

The recent enactment of the One Big Beautiful Bill Act (OBBBA) has introduced pivotal modifications in estate and gift tax laws, reshaping the landscape for affluent taxpayers. These legislative updates underscore the importance of robust tax planning, offering sophisticated opportunities for high-net-worth individuals to optimize wealth transfer strategies.

Grasping the Estate and Gift Tax Exclusion: Central to estate planning is understanding the estate and gift tax exclusion limits. This exclusion determines the portion exempt from federal estate tax. For instance, under current regulations, estates valued under $13.99 million upon the owner’s death in 2025 owe no federal estate tax, nor is an estate tax return compulsory. Yet, strategic filing remains wise—as explored further in the Portability Election benefits.

Gift tax filing is mandated when an individual’s gift to another exceeds the annual exclusion of $19,000 (2025). However, with the unified lifetime estate and gift tax exclusion, actual tax dues may not arise until the combined value of lifetime gifts and the estate surpass the exclusion threshold, managed via IRS Forms 709 and 706.

Image 1

Estate and Gift Tax Exclusions: Significant Revisions: A hallmark of the OBBBA is setting the estate and gift tax exclusion at an inflation-adjusted $15 million starting in 2026, a continuity from the Tax Cuts and Jobs Act of 2017. The anticipated reduction to $7 million pre-OBBBA has been circumvented, preserving advantages for estate planners. This update allows for meticulous planning, enabling smoother wealth transfer absent tax burdens while providing predictability in estate management.

Image 2

Affect on Generation-Skipping Transfers: The Generation-Skipping Transfer (GST) tax, applicable on transfers that leap a generation, now echoes the estate and gift tax set at $15 million from 2026. This alignment constrains untaxed generational wealth transfer while allowing for calibrated tax planning to minimize liabilities.

Advantages of Portability Election: Another strategic tool in the estate planning arsenal is portability election for married couples. It permits the surviving spouse to claim unused portions of the deceased spouse’s exclusion. Specifically, if a spouse’s estate in 2026 doesn’t completely utilize the $15 million exclusion, the balance can bolster the surviving spouse’s exclusion, potentially doubling their tax-free transfer capacity, significantly easing financial burdens during estate management.

To benefit from this, a timely Form 706 must be filed by the deceased’s estate, whether estate tax is due or not.

Image 3

Strategic Wealth Management Implications: With the OBBBA’s enactment, stakeholders must reevaluate their estate plans, previously adjusted for anticipated lower exclusions. The $15 million cap invites a comprehensive strategy review, ensuring alignment with familial and financial aspirations.

For estate professionals, these provisions challenge and empower the creation of agile plans that endure economic tumult and legislative shifts. Implementing trusts, gifts, and other methodologies will be crucial to harness these tax incentives effectively.

Conclusion: The OBBBA reshapes the estate and gift tax sphere, introducing complex yet rewarding frameworks for estate planning. By leveraging raised exclusions, synchronized GST policies, and portability elections, taxpayers can safeguard multigenerational wealth. Now is the time for individuals to partner with tax advisors, reassess strategies, and thrive in the evolving tax landscape.

Share this article...

Sign up for our newsletter.

Each month, we will send you a roundup of our latest blog content covering the tax and accounting tips & insights you need to know.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

We care about the protection of your data.

Butler Location

12714 W. Hampton Ave, Unit F
Butler, Wisconsin 53007
(414) 509-1626

Milwaukee Location

Remote
Milwaukee, WI 53217