Chapter 15
IN THIS CHAPTER
Discovering the essentials about the federal estate tax
Listing and totaling your assets
Trimming your estate taxes and understanding deductions
Considering family estate planning strategies
Adding life insurance as part of your estate plan
Circumventing the generation-skipping transfer tax
Having too much money is a pleasant problem to have but nevertheless a problem. When you’ve been successful or fortunate and accumulated a valuable estate, a potentially large estate tax bill stands between your heirs and the wealth. And while most estates are exempt from the estate tax, taxes can take a big piece of those estates subject to the estate tax. At times, businesses, real estate, and other valuable assets are sold to pay taxes. Family fortunes have been dissipated by estate taxes.
Fortunately, the problem can be reduced and even solved. The estate tax sometimes is referred to as the voluntary tax, because it can be reduced or eliminated with proper advice and planning. Your estate, no matter how valuable, doesn’t have to pay a lot of estate taxes. In this chapter, we show you how the estate tax is calculated and how to estimate the potential tax burden on your estate. Then, we show you legal strategies for reducing or eliminating the tax.
Tax reduction used to be the focus of almost all estate planning. After the 2012 tax law changes, however, fewer estate owners needed to worry about taxes. Less than 1 percent of estates were then estimated to be subject to the federal estate tax. Those of you with more valuable estates, however, still need to make estate tax reduction a focus of your planning.
Uncle Sam calculates your federal estate tax on the value of the assets you owned at your passing. In 2021, only taxable estates over $11.7 million for individuals and $23.4 million for married couples pay estate tax. But don’t skip over this chapter because you believe that your estate isn’t that valuable. Because of the way the Internal Revenue Service (IRS) calculates your estate, you could be richer than you realize. Also, the value of your estate might grow faster than the estate tax exemption. Your estate may be taxable in the future even though it wouldn’t be if you passed away this year. This section gives you an overview of the federal estate tax, including how it’s calculated.
The best way to understand the estate tax and how to beat it is to simply dive in and examine how it’s calculated. Having a basic grasp of this calculation is important as you develop your estate plan to reduce estate taxes.
The following list shows how the IRS taxes your wealth, and it includes the steps that the executor (or the accountant he hires) works through in the estate tax return to derive the final estate tax bill. Note: You probably don’t need to know how to do all this math; your tax advisor or executor will handle this information, but having a basic knowledge of this tax is important because knowing how the tax is determined makes it easier to understand how to reduce it.
Begin with your gross estate.
To do so, list all the assets you own and estimate their values. The total of the values is your gross estate (everything you own).
Subtract your deductions.
The result after subtracting your deductions is your taxable estate. The deductions you may subtract include administrative expenses, funeral expenses, losses, debts, charitable contributions, the marital deduction, and state inheritance or estate taxes.
Add the lifetime taxable gifts you made to the taxable estate.
The estate and gift tax combined are what lawyers call a unified transfer tax on both lifetime and postmortem gifts. To make the taxes consistent, lifetime gifts that were large enough to be taxable are added back to your estate. The gift taxes you paid are subtracted later.
Look up the tax in the IRS estate tax table.
Just as you use IRS income tax tables to find the income tax you owe each year, the IRS estate tax table is used to compute the estate tax. The tax table is in the instructions for Form 706, the estate tax return. The result of applying these tables is the tentative estate tax.
Subtract gift taxes paid during your lifetime.
This again is part of the unified transfer tax. Earlier your lifetime taxable gifts were added to the estate. Now, the taxes paid on those gifts are subtracted. The result is your estate tax before credits.
Subtract your Unified Estate and Gift Tax Credit.
Doing so effectively exempts an estate of up to $11.7 million ($23.4 million for married couples) from taxes in 2021. If you get a positive number after subtracting the estate and gift tax credit from your estate tax before credits, that number is your estate tax payable.
You may wonder why lifetime taxable gifts are added to the estate’s value, and then the lifetime gift taxes paid are subtracted from the tax due. You’re supposed to pay the same tax whether property is transferred during your life as a gift or afterward as a bequest. But some gifts may be made tax-free with the annual gift tax exclusion (discussed in Chapter 13). Gifts that exceed the exemption amount may be tax-free because of the lifetime gift tax credit, which essentially allows everyone to make $11.7 million of lifetime gifts tax free. To the extent the lifetime gift tax credit is used, the estate tax credit is reduced.
If applicable, add any generation-skipping transfer tax to get the final amount due.
The generation-skipping transfer tax (GSTT) is an extra tax imposed on gifts or bequests directly from you to someone in a grandchild’s (or later) generation. The GSTT is a penalty for trying to avoid an estate tax on your children’s generation. We discuss this tax in more detail in the later section “Avoiding the Tax on Gifts to Grandkids: The GSTT.”
After you understand how estate taxes are computed, you’re ready to see how to reduce these taxes. You can choose from the following three basic strategies for dealing with estate taxes:
We discuss using these strategies in more detail in this chapter in the section “Contemplating Life Insurance” and in Chapter 16.
Many people don’t plan their estates because they mistakenly think that estate taxes won’t affect them. They hear that estates up to a certain amount are exempt from taxes and believe that means their estates won’t be taxed. However, you need to add all your assets together to ensure that you don’t own more than you think and get whacked by the estate tax. In the following sections, we help you keep the big picture in mind so you don’t forget any assets. (Note: Numerous states levy estate taxes on far smaller estates than does the federal government. And some have inheritance taxes. See the map in Figure 15-1)
Oftentimes people mistakenly overlook two factors that can affect the size of their estate. Make sure these factors don’t come back and bite you:
The obvious items that are included in your gross estate include your home, any additional real estate, financial accounts, autos, home furnishings, art and collections, and any other assets you own.
Probate is a state process designed to clear title to property and transfer it to the owners designated by the deceased. (See Chapter 14 for more information on probate.) The estate tax is designed to tax the transfer of any property you controlled or benefited from.
Your gross estate includes any property over which you had an incident of ownership on the date of your death. It’s a broad term with a broad definition. The result is that many people own “hidden assets” that are included in their gross estates. You know about the physical assets and investments you own. Those definitely are included in your gross estate. However, you also may own some of the following hidden assets that are included in your gross estate:
Jointly-owned property: You may own property with your spouse or someone else as joint owners with right of survivorship or tenants in the entirety. (See Chapter 14 for more details on these types of ownership.) These assets avoid probate but are included in your gross estate.
Under the estate tax, one-half the value of property jointly owned by a married couple is included in the estate of the first spouse to die. When the joint owner isn’t a spouse, the entire property is included in the estate of the first joint owner to die — unless the other owner can show she paid for her share of the property. When the second joint owner dies, the property is included in that estate when the person still owns it.
Life insurance: No income taxes are imposed on life insurance benefits, but they may be included in your gross estate. If you had any incidents of ownership over the policy during life, the policy benefits are part of the gross estate.
Life insurance benefits are excluded from your gross estate when you don’t pass the ownership test. For example, you can put the insurance policy in an irrevocable trust, have it owned by family members, or transfer it to an entity such as a partnership that’s controlled by other family members. See Chapter 16 for more details.
Power of appointment: You may be the beneficiary of a trust set up by you or someone else. You may have the right to decide who receives the property or income after you die by naming the beneficiary in your will or some other document. This right is known as a power of appointment, because you can appoint the next beneficiary. It isn’t unusual, for example, for a parent to put assets in a trust that pays benefits to an adult child for life. The adult child has the power to name the next beneficiary.
Determining whether a particular power of appointment is included in your gross estate and calculating its value is tricky and technical. You need an estate planner’s advice.
The good news: Reducing your gross estate appears relatively easy. You simply have to give away assets. However, at a closer examination, giving may not be as easy as it first seems. The following sections outline the different strategies you can take, what to do when using these strategies, and when to use them.
To reduce your estate, you have three different strategies you can implement to give gifts. You can use each of them in your plan, using different strategies for different assets. When selecting a strategy, you need to consider how much control you want the donee to have over the gift. Here are the three strategies:
We discuss different ways to use these strategies in this chapter and in Chapter 16. After you decide which of these strategies to take to reduce your estate, you have to ask yourself three important questions. The following three sections outline them.
To begin lowering your estate value, you first must decide how much in total to give over time. After estimating your potential estate tax (refer to the earlier section “Examining how your estate tax is calculated”), you know how much needs to be removed from your estate to eliminate estate taxes or bring them down to a level with which you’re comfortable.
You also need a financial plan or retirement plan. This plan estimates the minimum amount of assets you need to keep to maintain your financial independence and standard of living. (We explain this plan in Chapter 3.) The estate plan estimates the maximum amount you want to keep. Whichever is higher is the amount of assets you should keep. If your estate’s value exceeds that amount, you can give the excess assets.
After comparing your retirement plan and estimates of estate taxes, you may conclude that your estate tax problem is minor. When your estate is a bit over the exempt amount (or even a bit below it), you may decide that taking steps to reduce the size of the estate isn’t worth the effort. Instead, you plan to let the estate pay the tax and then leave the rest to your loved ones.
You also may rationalize your decision by noting that the estate tax and gift tax rates are the same and that any use of the lifetime gift tax credit reduces the estate tax credit. So, you say, what difference does it make whether I give now or later?
Many people fall into this trap in the estate tax. Remember that the estate tax is based on the value of the estate, and values change. Though there are periods when the values of most stocks, real estate, and some other assets decline, asset values generally rise over time. When property (or your estate) is appreciating, your heirs get more property free of tax if you give regularly.
Consider the following example to see how giving now can help. Suppose you own a vacation home worth $250,000. The home generally appreciates at a 3 percent annual rate. You may think the home takes $250,000 of the tax-free amount of your estate. But, really, in 5 years, you estimate that the house would be worth $290,000; in 10 years, $336,000; and in 15 years, $390,000. This same appreciation could be happening with most of your assets, so in the future, you may have an estate tax problem (remember numerous states have lower thresholds than does the federal government).
You have a couple options to give away your assets:
Giving now can be valuable even when gifts exceed the annual gift tax exclusion and use part of the lifetime gift tax exclusion (which in turn uses part of the estate tax exclusion). The exclusion amounts increase only at the rate of the Consumer Price Index. The asset values and your estate could grow at faster rates. In that case, it’s better to use the lifetime exclusion early, because you’re removing that future appreciation from the estate instead of later when it will take more of your lifetime exclusion.
You need to consider whether to give only to family members or also to those outside the family. When you give to children and grandchildren, do you want to give equally or do you want to give one of them more help than the others? Perhaps you don’t trust a particular family member with any of your wealth. You also may have charitable interests. You can give to them now or make a bequest in your will. Either way provides a tax deduction. More issues to consider on this question are in Chapter 14.
Many people who make estate planning gifts leave money on the table. They don’t give in the most effective or efficient ways. Following a few simple rules lets you maximize the amount of wealth transferred to your loved ones over time at little or no tax cost. Keep these sections in mind as you plan your gifts.
The annual gift tax exclusion allows you to give wealth each year without owing taxes, using the lifetime credit, or filing a gift tax return. The rules aren’t overly complex; just make sure you keep track of them:
Gifts in trust generally don’t qualify for the exclusion, because they aren’t present interests. They can be made to qualify for the exclusion by adding a Crummey power to the trust. (The Crummey power is named after the court case sanctioning it.) After a gift is made to a trust, the Crummey power allows the beneficiary to request withdrawal of the gift within a certain time after being notified of the gift. If the beneficiary doesn’t request withdrawal within the time period (most estate planners recommend 30 days), the property remains in the trust subject to its terms.
Some basic strategies maximize the value of property transferred from your estate tax- free. Keep these strategies in mind:
Make gifts early in the year. Estate planning gifts usually are made late in the year as part of the holiday season. People often rush to make the gifts final by December 31. Giving early in the year, however, is safer and provides more benefits.
Giving early in the year ensures that any appreciation in the property for the year already is out of your estate tax-free (perhaps increasing the amount of property you give tax-free), and any income earned by the money or property won’t be on your income tax return. When you give income-producing property to someone in a lower tax bracket, it means more after-tax money remains in the family that year.
Early-year gifts also ensure that the gifts are made. By waiting, you take the risk that something may happen and prevent you from making the gifts by December 31.
Consider potential capital gains and losses. Gifts of property with capital gains raise issues. When appreciated property is given, the donee generally takes the same tax basis you had in the property. Capital gains and losses on property are computed by taking the amount realized on the sale of property and subtracting the tax basis. The difference is the gain or loss.
Because the donee takes the same basis you had in the property, the appreciation during your ownership isn’t taxed when the gift is made. Instead, when the donee sells the property, she will pay taxes on the appreciation during your ownership and on any appreciation during the donee’s ownership. Those rules lead to some key ideas for maximizing the benefit from tax-free gifts:
Several deductions reduce your gross estate, but only two have planning potential: the marital deduction and the charitable contribution deduction. These deductions are unlimited in amount, and they’re allowed from both the estate tax and gift tax. In this section, we review some details of these two deductions and the planning opportunities they create.
The marital deduction is allowed for most transfers from one spouse to the other. Tax-free gifts and bequests from one spouse to another may be made in unlimited amounts. The deduction is simple: Give wealth to your spouse — either now or through your will — and no one will be socked with estate or gift taxes. You can give any amount tax-free. This deduction seemingly provides an easy way to eliminate estate and gift taxes: Leave everything to your spouse. You won’t have to do any planning other than preparing a simple will that leaves the entire estate to your spouse.
In addition, the “portability” provision of the estate tax law (created in 2010 and made permanent in 2012) makes this approach even more attractive. Portability allows the surviving spouse to use the unused lifetime exemption amount of the first spouse to pass away. We discuss portability in detail shortly.
Some estate owners don’t want to use the marital deduction. They may be afraid that their spouses won’t be able to manage the property. Others want to ensure the property benefits certain people after the spouse passes away. (Check out the later section “Choosing Family Estate Strategies” for more information.)
The estate tax code doesn’t use the term “portability,” but many estate planners use the term for a provision that was introduced in 2010 and made permanent in 2012. The provision says that any unused lifetime exempt amount of the first spouse to pass away can be transferred to the surviving spouse.
Before 2010, the lifetime exemption was a use-it-or-lose-it feature. If a person didn’t own enough assets to use up all of his exemption, the unused amount was lost. That’s no longer the case. Now a married couple in 2021 has a total exemption of $23.4 million. They can split the exemption between them in any ratio, because the unused exempt amount of the first spouse to pass away will be transferred to the surviving spouse.
Here’s how the portability of the exempt amount works:
An unused exemption of a deceased spouse can be used, even if you were married to someone else at the time of your passing. Suppose Alexandra was widowed. Her late husband didn’t use $3 million of his lifetime exempt amount. Alexandra marries David. Alexandra then passes away. Her estate is entitled to her lifetime exemption plus the $3 million Alexandra’s first husband’s estate didn’t use. If Alexandra’s estate is less than those total exemptions, then the unused amount can be transferred to David.
But only the unused exemption of the latest deceased spouse can be used. If someone had more than one deceased spouse, the estate can’t pick and choose which unused exemption to use and can’t use all of them. It can use only the unused exemption from the last spouse to pass away.
Leaving wealth to charity is a popular way to reduce or eliminate estate taxes. The estate tax encourages this type of giving with the unlimited charitable contribution deduction. The charitable contribution deduction is for gifts to charities that also qualify for charitable contribution deductions on the income tax return. You can make charitable gifts with any of the following, depending on your estate plan:
Charitable foundation: You also can make charitable gifts by setting up a charitable foundation either now or through your will. If you decide to do so, check with an expert on creating and operating a foundation because they’re complicated. Here’s a brief rundown of how charitable foundations work: You create a charitable foundation and file to get a tax exemption from the IRS. After the foundation is approved, you transfer wealth to it. You (or your estate) receive a charitable contribution deduction for transfers to the foundation. You take the deduction on your income tax return when you give now (though there are annual limits on the deduction) and on your estate tax return when you give through your will. Over time, the foundation makes gifts to charity.
At first blush, you may think your loved ones won’t benefit from a charitable foundation. But that isn’t the case. They can be employees or board members of the foundation and receive reasonable compensation for their efforts. The foundation also is a good way for loved ones to discover opportunities to help others.
Charitable gift annuity: A charitable gift annuity is similar to a commercial annuity, except the promise to pay you lifetime income is made by a charity instead of a commercial insurer. (Chapter 7 discusses commercial annuities in greater detail.) Also, the payments will be less than those of a commercial annuity. The main differences between the two are that a charitable contribution is deductible against either your income or estate taxes in the year the annuity is set up and the charitable annuity will pay less than a commercial annuity. The difference is your gift to charity.
You can enter into the charitable gift annuity during your lifetime to provide a current income tax deduction and income for life. Or you can have your estate buy the annuity to obtain a charitable deduction and provide income to a loved one. The IRS has life expectancy and interest rate tables that determine the amount of the deduction. The charity you buy the annuity from also can help determine the deduction.
You don’t need to shop around for the charity offering the best rates. Most charities agree to the same payout schedule. You do have to check the financial condition of the charity, though. After all, in this case the only thing backing the promise of future income is the charity.
Every family is unique, but you can choose to use some standard family estate planning tools. Most families find that some combination of these strategies — perhaps with some modifications — meets their goals. In the following sections, we review the tools and explain how they may be combined into an estate plan.
Earlier in this chapter, in the “Looking at the marital deduction” section, we discuss how you can give an unlimited amount of wealth to your spouse and qualify for the marital deduction. We also discuss some limits and potential drawbacks to the marital deduction and promise to show you ways to overcome these disadvantages. We deliver those ideas in this section. After discussing several specific tools, we explain how these can be combined to form a full estate plan.
Before the portability provision was created in 2010, it was important for spouses with valuable estates to try to equalize the value of the estates, or at least divide ownership of property so that each spouse owned at least enough assets to make use of his or her lifetime exemption amount. With portability, however, equalizing estates isn’t as important to reduce federal estate taxes.
Another strategy that was frequently used before portability was the bypass trust. The trust allowed an estate owner a way to ensure the surviving spouse was financially secure while also taking advantage of the lifetime estate tax exclusion amount and ensuring that the children or other intended beneficiaries ultimately receive whatever remains of the property. Though it no longer is an important estate tax reduction strategy, the bypass tool still has valuable estate planning benefits.
The trust receives assets from your estate.
Your estate transfers a portion of its assets to the trust, and the rest goes to your spouse.
The marital deduction eliminates estate taxes on the amount bequeathed to your spouse while the assets transferred to the trust are sheltered from taxes by the estate tax credit. No taxes are due until the amount transferred to the trust exceeds your lifetime exempt amount.
Your spouse becomes the primary beneficiary of the trust.
As the primary beneficiary, your spouse receives income and principal from the trust as needed to support his standard of living. Your children (or other loved ones you name) receive the remainder of the trust after your spouse passes away. An additional benefit of the trust is it ensures that the wealth in the trust eventually goes to your children, not the spouse or children of a subsequent marriage of your spouse or to any other beneficiaries.
While the bypass trust no longer is essential to eliminating federal estate taxes because of the portability provision, it does have other benefits. Your state may have its own estate or inheritance tax. The states that do have these taxes usually impose them at much lower levels than the federal estate tax and don’t have the portability provision. The bypass trust can help reduce or eliminate the state level taxes.
The bypass trust also ensures that the remainder of your wealth eventually is inherited by your children or other beneficiaries you want to receive it. Instead of creating the bypass trust, you could leave all the wealth directly to your spouse. But that would allow your spouse to choose who eventually receives it. The money could end up with children from a previous or subsequent marriage, a new spouse, or charity. Even worse, as your surviving spouse ages, he might be susceptible to one of those people who preys on the elderly. A bypass trust can prevent your assets from ending up with people you didn’t intend to have it under any of those scenarios.
The bypass trust can have other benefits. A professional trustee may better manage the assets than your family members. Also, a trustee who knows the tax situation of all the family members may be able to adjust investments and distributions to minimize family income taxes. The trust also can help the assets avoid creditors of family members.
Some folks don’t like the price of using the marital deduction. They like the idea of avoiding estate taxes by leaving wealth to their spouses, but they have concerns about leaving a lot of wealth outright to their spouses. Some are concerned the spouse won’t manage the wealth well or may spend too much. Others are happy to leave the wealth to their spouses, but they fear that the remaining wealth ultimately could go to people they didn’t intend. A surviving spouse may eventually be inclined to leave the money to charity, a subsequent spouse, or the children of another subsequent marriage.
Marital deduction trust: Under this trust, the spouse receives income as needed and may receive principal under the terms you specify in the trust agreement. You can provide that your spouse receive the entire trust principal when needed to meet her needs. The trust allows your spouse to appoint in her will who eventually inherits the trust remainder. The entire trust qualifies for the marital deduction in your estate, and it’s included in your spouse’s gross estate.
The marital deduction trust takes management of the property away from your spouse. You can have it managed by a family member, a trusted friend, or a professional. The trust also can prevent wasteful spending by giving the trustee guidelines over when principal should be distributed. However, the marital deduction trust doesn’t ensure that the trust remainder goes to those you want to have it. So, if that’s important to you, check out the QTIP.
A standard estate plan using the strategies in the preceding sections can eliminate estate taxes and provide for your spouse. Combining these strategies may look something like this:
You transfer a portion of your estate to a bypass trust.
The amount transferred depends on the size of the estate, the amount of assets the surviving spouse owns independently, and the assets the surviving spouse needs. You set the amount or a formula to determine the amount in your will. This portion of the estate is sheltered by the lifetime estate tax credit, so it should be no more than the credit will protect.
You leave the rest of your estate to your surviving spouse to qualify for the marital deduction.
This portion of the estate can be bequeathed directly to the spouse. Or it can be left to a trust for the spouse’s benefit, such as a marital deduction trust or a QTIP trust.
The combination of the bypass trust and marital deduction eliminates estate taxes and ensures that the surviving spouse is provided for. The taxes on the spouse’s estate are reduced, because the part of the first spouse’s estate that goes to the bypass trust won’t be in the second spouse’s gross estate. The lifetime estate tax exemption of the first spouse to pass away will be exhausted, so there won’t be any remaining exemption to pass to the surviving spouse under the portability rules.
Sometimes you may need to consider life insurance as part of an estate plan. When we refer to life insurance here, we mean the permanent (cash-value) life insurance and not the less costly term life insurance. At some point, term life insurance becomes too expensive or you become too old to buy it. (See Chapter 2 for more details on the different types of life insurance.) That’s why so-called permanent life insurance is used for estate planning purposes — because the need for life insurance in that case isn’t a short-term need.
Permanent insurance may not be available to everyone. Your health or age could make you uninsurable or make the premiums too high to be feasible. That’s another reason not to procrastinate about your estate plan. Delaying it can reduce your options.
The following sections take a closer look at these two purposes. In either case, often it’s best for the insurance to be owned by an irrevocable trust, limited partnership, or limited liability company, as we discuss in Chapter 16.
An estate may be valuable enough to cause a significant estate tax bill, or the estate may have debt that needs to be repaid after the owner dies. In either case, you have a problem if the estate doesn’t have a lot of cash or liquid assets to pay the obligations. A permanent life insurance policy can pay the obligations without disrupting ownership of the assets or forcing a sale.
For example, the primary asset in the estate may be a small business, a piece of real estate, or a valuable collection. These assets are tough to sell in a hurry without cutting the price below its real value. They also would be difficult to borrow against while in the estate. Permanent life insurance fills the need.
Life insurance can ease a complicated estate planning situation. Your estate may have an asset that isn’t easily divided and also won’t be easy for your heirs to share. As a result, it’s difficult to leave your heirs inheritances of equal value. Or you may be looking for a way to increase the amount your heirs inherit. Life insurance may be the solution in either of these situations.
Suppose, for example, you own a small business and have several children. One child has been working in the business for years, is good at running it, and is the logical person to succeed you. The business makes up the majority of your estate. You could leave each child equal ownership shares in the business, but that means children who aren’t involved in the business will have voting rights and will depend on it for income. Even if you leave the other children nonvoting interests in the business, they still have an interest in its income. These situations often generate conflicts among the sibling running the business and the others. They may disagree about business strategy. They also may disagree about issues such as the salary paid to the sibling running the business, the amount of money reinvested in the business, and the amount distributed to owners.
In the past, wealthy people gave gifts and bequests directly to their grandchildren (or trusts for their benefits) in an attempt to avoid paying estate taxes. Uncle Sam reacted to these attempts with the generation-skipping transfer tax (GSTT) to tax gifts and bequests made directly to grandchildren (or later generations).
The government’s concern (and reason for creating the GSTT) is that such gifts may avoid a level of estate taxes. When you leave your estate to your kids, the assets are taxed in your estate. When your kids leave the estate to their kids, the assets are taxed again in their estates. The government doesn’t want you to bypass that second level of estate taxes by leaving assets directly to your grandchildren.
The GSTT defines any person at least two generations younger than you as a skip person. A skip person also is an unrelated person more than 37.5 years younger than you. Any gift or bequest to a skip person is taxed at the top estate tax rate (40 percent in 2021). Everyone has a lifetime exemption from the GSTT that is the same dollar amount as the lifetime unified estate and gift tax exemption. After lifetime gifts to skip persons exceed the limit, they’re taxed at the top estate tax rate. The limit is imposed on the giver. You don’t have a separate exemption for each person receiving generation-skipping gifts.
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