Estate Tax

IntermediateTax & Legal2 min read

Quick Definition

Federal tax on the transfer of assets from a deceased person. Only applies to estates exceeding $13.61 million (2024) exemption threshold.

What Is Estate Tax?

Estate tax is a federal tax on the transfer of a deceased person's assets to their heirs. It only applies to estates exceeding the exemption threshold, which is quite high.

2024-2026 Exemption Thresholds:

YearIndividual ExemptionMarried Couple (Portable)
2024$13.61 million$27.22 million
2025~$13.99 million~$27.98 million
2026~$7 million*~$14 million*

*2026 exemption drops dramatically unless Congress acts (TCJA sunset)

Estate Tax Rates:

  • Estates over exemption: 40% federal rate
  • Some states have additional estate taxes
  • Applies to total estate value minus deductions

What's Included in Estate:

  • Real estate
  • Stocks and bonds
  • Business interests
  • Life insurance (if owned by deceased)
  • Retirement accounts
  • Personal property
  • Cash and bank accounts

Common Deductions:

  • Marital deduction (unlimited to spouse)
  • Charitable donations
  • Debts and mortgages
  • Funeral expenses
  • Administrative costs

Estate Tax vs. Inheritance Tax:

Estate TaxInheritance Tax
Paid by the estatePaid by the heir
Federal + some statesState only (6 states)
Based on total estateBased on what each heir receives

Planning Strategies:

  1. Gifting during life - $18,000/year gift exclusion (2024)
  2. Irrevocable trusts - Remove assets from estate
  3. Life insurance trusts - Keep insurance out of estate
  4. Charitable giving - Reduce taxable estate
  5. Family limited partnerships - Valuation discounts

States with Estate Tax: Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, DC

Estate Tax Example

  • 1$15 million estate in 2024: ($15M - $13.61M) × 40% = $556,000 estate tax
  • 2Married couple can shelter $27.22 million with portability election