In an election year, estate planning can easily become a source of undue anxiety since a change of administration and control of Congress could lead to changes in the tax code.
The proposals from both Democrats and Republicans have led to concerned clients reaching out to us to ask if it's time to take action now. While proposed legislation does not warrant wholesale changes to estate plans, looming legislative changes, which we will discuss, may merit action.
Any proposal will live or die on support from legislators. Frankly, we don’t feel it is likely a divided Congress will enact major changes before the election. Neither party wants to hand the other a legislative victory, especially in a presidential election year. The top priority for most lawmakers right now is to focus on their own election campaigns, address national crises and avoid government shutdowns. Throughout our careers, we have never seen this environment produce the bipartisan cooperation necessary to enact major changes to tax laws.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Sunset of tax exemptions coming up fast
However, we still think it pays to consider how the candidates’ proposals would influence income and estate taxation. The current federal estate and gift tax lifetime exemption of $13.61 million is set to sunset on December 31, 2025, and the exemption will revert to $5 million adjusted for inflation from 2010, or likely around $7 million, something President Joe Biden supports, though he has decided not to pursue the Democratic nomination. Additionally, there are talks of increasing the top marginal income tax rate and taxing capital gains as ordinary income for high earners.
On the other side of the aisle, former President Donald Trump’s proposals include extending the gift/estate tax exemption and increasing income tax cuts. These proposals create a confusing tableau for individuals trying to plan their estates effectively.
Although post-election scenarios vary widely, the 2026 sunset of the current tax exemptions is on the horizon, and individuals should consider utilizing their available gift tax and estate tax exemptions now in case they are reduced. If clients are willing and able to utilize the current gift exemptions, now is the time. Do not wait until December 2025, as an eleventh-hour decision will not allow for proper consideration and planning and may not be enough time to get it done.
The gift exemption could be used by giving away cash, securities or even a home. The gift could be made to a trust for children so they don’t get immediate access or control and to protect the assets from third parties. One should consult a lawyer for advice about the trust terms and flexibility, which can vary widely, as well as the trustees and in which state to establish the trust.
Innovative insurance options in the works
In this environment of uncertainty, the insurance market has responded with innovative solutions to address the potential 2025 sunset of current estate tax provisions. Notably, a proposed new product would enable an individual to buy $5 million in survivorship life insurance with an option to double this amount without additional medical screening if the tax exemptions revert to lower amounts in 2026.
The reality is that even if the pendulum swings in one direction, it will eventually swing back. By leveraging strategic insurance products and keeping informed about tax law proposals, individuals can ensure that their estate planning strategies are robust and adaptable. As always, consulting with experienced professionals who can provide personalized advice based on the latest developments and individual circumstances is crucial.
Related Content
-
Colorado Sending Billions in TABOR RefundsState Tax Are you receiving a TABOR refund with your 2025 Colorado state income tax filing? Don’t miss the deadline.
-
How a Financial Adviser Can Help You Sleep at NightWhen it comes to your money and planning for your retirement, legacy and more, you might need a professional to help you stay on top of it all.
-
How a Financial Adviser Can Help You Sleep at Night
When it comes to your money and planning for your retirement, legacy and more, you might need a professional to help you stay on top of it all.
-
Debunking the Myth of the Silver SpoonJust because your family is wealthy doesn't mean life's all smooth sailing for your kids. When family dynamics are complicated, communication is key.
-
The Tax Rules to Consider Before Buying an AnnuityAnnuities can play a valuable role in your retirement plan — as long as the tax implications have been properly factored in. Here's an outline of the key rules.
-
Beware of 'Buy a Business' Coaching ScamsJust because someone says they can make you rich by helping you buy the business of your dreams doesn’t mean they actually have the expertise to do that.
-
What You Need to Know About Taxes in a Gray DivorceIf you're not careful about how assets are divided or sold, you could get hit with a big tax bill.
-
Focus on These Five Critical Areas in Retirement PlanningWorried about how you'll pay for your retirement? It can help to structure your finances around five key areas: taxes, income, medical, legacy and investments.
-
Is Downsizing Right for Your Retirement?The lower costs of a smaller home in retirement might sound appealing, but be ready for the trade-offs that come with making this big decision.
-
Three Tips for Managing Your Election-Related StressAs Election Day approaches fast, consider taking some steps to keep your anxiety and expectations under control.
