Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, October 31, 2014

Limits on Tax-Free Lifetime Gifts Increase

IRC

The Internal Revenue Service has raised the limit on tax-free transfers during life or at death.  Beginning in 2015 that amount, known as the basic exclusion, will increase to $5.43 million per person, up from $5.34 million this year.  This announcement, in Revenue Procedure 2014-61, indicates there will be no change in the annual exclusion, allowing you to give $14,000 in cash or other assets each year to as many individuals as you want without using the basic exclusion. 

The lifetime gift tax exclusion and the estate tax exclusion are expressed as a total amount and it is possible to use this basic exclusion to transfer assets at either stage or a combination of the two.  If you exceed the limit, you or your heirs, will owe up to 40%. 

For people who had previously used this basic exclusion have the option to top off with an additional $90,000 available for tax-free gifts next year.  Another way to use this extra exclusion amount is to benefit a descendant who was born after your initial planning, and is therefore not a beneficiary of earlier gifts. 

Although these decisions apply to just a portion of the population, these rules now apply to same-sex married couples.

See Deborah L. Jacobs, IRS Raises Limit On Tax-Free Lifetime Gifts for 2015, Forbes, Oct. 30, 2014.

https://lawprofessors.typepad.com/trusts_estates_prof/2014/10/limits-on-tax-free-lifetime-gifts-increase.html

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