Incorporating the Annual Exclusion into Your Estate Plan

When creating an estate plan, your primary goal is likely to ensure that your assets are distributed according to your wishes after you are gone. Effective estate planning, however, also involves strategies to protect your wealth while you are alive and reduce potential tax liability at death. Without careful planning, estate taxes could take a significant portion of your assets, leaving less for your beneficiaries. Fortunately, the tax code provides several tools to help mitigate this burden. One of the most powerful and often underutilized strategies is the annual exclusion, which allows you to transfer wealth tax-free each year. An Indianapolis attorney at Frank & Kraft explains how incorporating the annual exclusion into your estate plan can help minimize your estate’s exposure to federal gift and estate taxes.

An Overview of Federal Gift and Estate Tax

The federal government imposes a tax on the transfer of wealth, whether it occurs during your lifetime as a gift or upon your death as an inheritance. This tax, known as the federal gift and estate tax, is currently set at a rate of 40 percent. That means without any deductions, exemptions, or tax planning strategies, almost half of your estate’s value could be lost to taxes before it reaches your heirs.

How Federal Gift and Estate Tax Is Calculated

The federal gift and estate tax is applied to the total value of taxable gifts made during your lifetime combined with the value of your estate at the time of death. To illustrate, imagine that throughout your life, you gave gifts totaling $5 million, and at the time of your death, you owned $15 million in assets. The combined total of $20 million would be subject to federal estate tax. Without adjustments, your estate could lose $8 million to taxation, significantly reducing what your beneficiaries receive.

How the Lifetime Exemption Can Reduce Tax Liability

To help reduce this tax burden, the IRS provides a lifetime exemption, which allows individuals to pass on a certain amount of wealth without incurring estate or gift taxes. This exemption was originally set at $5 million under the American Taxpayer Relief Act of 2012 (ATRA), but it is adjusted for inflation annually. Recent tax law changes temporarily increased this exemption. For 2025, the lifetime exemption amount is $13.99 million per individual and $27.98 million for married couples. This means that an individual can transfer up to $13.99 million without being subject to federal gift and estate tax. Any assets beyond this threshold would be taxed at the 40 percent rate. These high exemption amounts are only temporary, however, as they are set to revert to pre-2018 levels in 2026. This means that unless Congress enacts new legislation, the exemption could be reduced significantly, making estate tax planning even more critical.

The Role of the Annual Exclusion in Estate Planning

While the lifetime exemption provides significant relief, there are additional ways to reduce your taxable estate further. One of the most effective strategies is utilizing the annual gift tax exclusion, which allows you to transfer wealth each year without it counting against your lifetime exemption. For 2025, the annual exclusion allows an individual to gift up to $19,000 per recipient tax-free. A married couple can combine their exclusions, allowing them to give up to $38,000 per recipient each year without triggering gift taxes. There is no limit to the number of beneficiaries who can receive tax-free gifts under this rule. This exclusion is a powerful tool for gradually reducing your taxable estate over time. Consider the following example:

• You and your spouse have four children and four grandchildren.
• Each year, you both gift the maximum annual exclusion amount to each of them.
• In 2025, this means you give $38,000 per recipient, tax-free.
• With eight beneficiaries, you transfer $304,000 per year out of your estate without reducing your lifetime exemption.
• Over a period of 10 years, you will have transferred $3.04 million tax-free.

This strategy can substantially lower your estate’s taxable value, reducing the amount subject to the 40 percent estate tax rate. Without this planning, the $3.04 million could be taxed, potentially costing your estate over $1.2 million in unnecessary taxes.

Can We Help You Incorporate the Annual Exclusion into Your Estate Plan?

For more information, please join us for an upcoming FREE seminar. If you need assistance incorporating the annual exclusion into your estate plan, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

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