Learning Center
We keep you up to date on the latest tax changes and news in the industry.

Navigating the OBBBA: Estate and Gift Tax Strategies

The One Big Beautiful Bill Act (OBBBA) has ushered in significant reforms impacting estate and gift tax planning. These changes create new opportunities for strategic financial planning among affluent taxpayers. The legislation redefines the parameters of estate tax exclusion, emphasizing the urgency for meticulous, long-term planning to capitalize on these adjustments.

Understanding Estate and Gift Tax Exclusion: The exclusion amount is the part of an estate excluded from federal estate tax. If the value of a deceased taxpayer's estate is below the annual exclusion ($13.99 million in 2025), no federal estate tax is due, eliminating the need for an estate tax return, though filing can be strategically beneficial (refer to Benefits of the Portability Election below).

Image 3

Individuals giving gifts that exceed the yearly exclusion ($19,000 for 2025) are required to file a gift tax return (IRS Form 709). However, owing gift taxes can often be avoided by applying the excess amount to the unified lifetime exclusion. Post-mortem, total gifts and estate value are reconciled against this exclusion using IRS Form 706.

Key Modifications to Exclusions: The OBBBA "permanently" sets individual estate and gift tax exclusions at $15 million from 2026 onwards, adjusted for inflation. This extension builds on the Tax Cuts and Jobs Act of 2017 (TCJA) and surpasses the anticipated decrease to approximately $7 million. For high-net-worth individuals, this extension is strategically beneficial, ensuring a larger estate can be transferred tax-free.

These enhancements facilitate more precise estate planning, allowing a greater wealth transfer without triggering tax liabilities. It fosters stability and predictability crucial for both short- and long-term financial strategies.

Image 1

Influence on Generation-Skipping Transfers: The Generation-Skipping Transfer (GST) tax exclusion aligns with the estate and gift tax exclusion under the OBBBA, setting it at $15 million from 2026, indexed for inflation thereafter. This alignment regulates tax-free intergenerational wealth transfers, while still permitting strategic tax planning to minimize exposure.

Advantages of the Portability Election: Often overlooked, the portability election is invaluable for married couples in estate planning. This provision allows a surviving spouse to utilize any unused exclusion from the deceased spouse, potentially doubling the couple’s tax-free transfer capability. This reduces financial stress on the surviving spouse, affording them greater flexibility in estate management and distribution.

To capitalize on this, the executor must file a timely Form 706 even when estate tax isn’t due.

Image 2

Strategic Wealth Management Under OBBBA: The OBBBA invites a reassessment of existing estate plans. Planners and taxpayers should now consider how the permanent $15 million exclusion can be maximized within their wealth strategies, accommodating long-term financial and familial aspirations.

For estate planning professionals, OBBBA provides both challenges and opportunities. It requires planners to integrate these provisions into robust, adaptable strategies capable of withstanding economic cycles and legislative shifts. The astute use of gifts, trusts, and other estate planning instruments is pivotal to maximizing these tax advantages.

Conclusion: The landscape under the One Big Beautiful Bill Act, with its heightened exclusions and portability options, offers a fertile ground for tactical estate planning. High-net-worth individuals and estate planners have the opportunity to capitalize on these provisions, ensuring wealth preservation and successful intergenerational transitions. It's an opportune moment for these individuals to engage their tax advisors and estate planners to reformulate their strategies with these considerations at the forefront.

Share this article...

Want tax & accounting tips and insights?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .
Thompson-Smith CPA We'd love to chat!
Please feel free to use our Ai powered chat assistant or contact us using the buttons below.
Please fill out the form and our team will get back to you shortly The form was sent successfully