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Estate Tax and the 2024 Election

Written by Clark Allison | Oct 14, 2024 11:31:21 PM

 

How Will the Election Impact the Estate Tax?

The 2024 estate tax exemption amount is $13,610,000. It will increase again for inflation in 2025.

In 2010, Obama raised the estate tax exemption to $5,000,000, indexed for inflation.

In 2017, Trump doubled the estate tax exemption to $10,000,000, also indexed for inflation. However, Trump's exemption is scheduled to sunset at the end of 2025.

As a result, the president and the Congress elected in November will determine the fate of the estate tax. There are three ways this could go:

  1. Nothing changes and Trump's tax laws sunset at the end of 2025, and the 2026 estate tax exemption will default to approximately $7,000,000 ($5,000,000 indexed for inflation since 2011).

  2. Congress and the new president make Trump's tax laws permanent and the estate tax exemption indexed for inflation rises to $14M - $15M.

  3. Congress and the new president choose neither of these options and pass a new tax law.

Historical Gift and Estate Exemptions

The current estate and gift tax situation is very positive compared to years past.

Below is a table showing the historical estate tax exemption, estate tax rate and annual exclusion since 1997.

Notice that in 1997 the estate tax exemption was only $600,000, and the estate tax rate was 55%, which meant that if you had an estate worth more than $1,000,000 your estate tax would be $1,000,000 - $600,000 = $400,000 (55%) = $220,000. Yikes!

Year Gift and Estate Tax Exemption Estate Tax Rate Annual Gift Exclusion
1997 - 2001 $600,000 - $675,000 55% $10,000
2002 - 2005 $1,000,000 - $1,500,000 50% - 47% $11,000
2006 - 2008 $2,000,000 46% - 45% $12,000
2009 $3,500,000 45% $13,000
2010 no estate tax ðŸ˜Ž no estate tax ðŸ˜Ž $13,000
2011 - 2017 $5,000,000 - $5,490,000 35% - 40% $13,000 - $14,000
2018 $11,180,000 40% $15,000
2019 $11,400,000 40% $15,000
2020 $11,580,000 40% $15,000
2021 $11,700,000 40% $15,000
2022 $12,060,000 40% $16,000
2023 $12,920,000 40% $17,000
2024 $13,610,000 40% $18,000