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
-
Holiday Office Party Taxes: Know Before You GoTax Tips The IRS could tax your gifts from Christmas raffles, Secret Santa, and White Elephant. Here’s how.
-
2025 Tax Reform: Will the SALT Deduction Cap Be Repealed?Tax Deductions Some lawmakers say it’s time to end the $10,000 cap on state and local tax deductions.
-
Three Charitable Giving Strategies for High-Net-Worth IndividualsIf you have $1 million or more saved for retirement, these charitable giving strategies can help you give efficiently and save on taxes.
-
The Wealth-Building Powers of Health Savings Accounts (HSAs)Health savings accounts could be the most underutilized wealth-building tool out there. Here’s who should use them and how to maximize their benefits.
-
Seven Ways to Be an Absolute Jerk as a LawyerHere's what law students need to know about damaging their relationships with other lawyers and judges and running up the bill for clients.
-
One Good Way to Withdraw Retirement Assets (and a Bad One)Don't withdraw retirement assets haphazardly. Managing distributions intentionally can lower your taxes, conserve your wealth and reduce Medicare premiums.
-
What Is Capital Gains Tax Deferral?Spoiler alert: It's the secret weapon of savvy real estate investors. Here's how it works and details about the tools you need to do it.
-
Don't Leave Your Heirs an IRA Tax BombYour traditional IRA has served you well, but when your heirs inherit it, watch out. Consider some of these strategies to minimize their tax burdens.
-
Five Ways to Maximize Your End-of-Year PhilanthropyTo do the most good, pick the right charity, be smart about how you donate and consider giving something just as valuable as money: your time.
-
Three Options for Retirees with an Old (Forgotten) AnnuityDid you buy an annuity in the 2000s? If it’s been out of sight and out of mind since then, it's time to dust it off and start making it pay for your retirement.
