What are the new estate tax exemption rules for 2025?

by | Oct 10, 2025 | Individual Taxes

Here’s what HIVE AI had to say about “What are the new estate tax exemption rules for 2025?”:

Federal Estate Tax Exemption Rules for 2025

Basic Exclusion Amount in 2025

  • The federal basic exclusion amount (estate and lifetime gift tax exemption) for decedents dying in 2025 is $13,990,000 per individual. 1

Estate Tax Return Filing Threshold

  • An executor must file Form 706 if the gross estate plus adjusted taxable gifts exceeds the basic exclusion amount in effect for the calendar year of death (for 2025, $13,990,000). 2

Annual Gift Tax Exclusion in 2025

  • The annual exclusion for gifts is $19,000 per donee in calendar year 2025. 3

Portability (Deceased Spousal Unused Exclusion)

  • Portability remains available: a surviving spouse can use the deceased spousal unused exclusion (DSUE) if a timely and proper estate tax return is filed for the deceased spouse’s estate electing portability. 4

Transition to 2026 Under the One Big Beautiful Bill

  • Prior law would have reduced the exemption roughly by half in 2026, but the One Big Beautiful Bill (enacted 2025) amends IRC § 2010(c)(3) to set the basic exclusion at $15,000,000 (indexed for inflation) and extends the enhanced exclusion—effective for estates of decedents dying and gifts made after December 31, 2025. For 2025 itself, the $13,990,000 amount still applies. 5

Context on 2018–2025 Temporary Increase

  • The 2018–2025 temporary doubling of the basic exclusion was $10,000,000 (indexed), which underlies the $13,990,000 amount applicable for 2025. 4

No-Clawback Assurance for Pre-2026 Gifts

  • For individuals who made large gifts under the increased exclusion in effect through 2025, IRS guidance confirms they will not be adversely impacted by a later reduction (no “clawback”). 6

Sources

1 – IRS.gov – What’s new — Estate and gift tax 📄 Summarize
2 – IRC § 6018(a) 📄 Summarize
3 – IRS Newsroom – IR-2024-273 📄 Summarize
4 – IRC § 2010(c) 📄 Summarize
5 – One Big Beautiful Bill Act Sec. 70106. Extension and enhancement of increased estate and gift tax exemption amounts 📄 Summarize
6 – IRS.gov – Frequently asked questions on estate taxes 📄 Summarize


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