Insight

Taking Advantage of the Estate and Gift Tax Exemption

Mr. Moore discusses the many ways tax exemption can be leveraged in estate planning.

Corey W. Moore

Written by Corey W. Moore

Published: March 11, 2026

Taking Advantage of the Estate and Gift Tax Exemption

The United States Internal Revenue Code, Subtitle B—Estate and Gift Taxes, allows individuals to transfer a certain amount of assets without incurring federal estate or gift tax. This amount is known as the Estate and Gift Tax Exemption (the “Exemption”). For a single individual in 2023, the Exemption is $12.92 million. In practical terms, this allows an individual to:

  • make lifetime gifts with a total value up to the Exemption, or
  • transfer assets at death, through inheritance, up to the Exemption without federal estate tax.

The Internal Revenue Service (IRS) adjusts the Exemption annually for inflation, and increases are expected to continue through 2024 and 2025. Under current law, however, the Exemption is scheduled to decrease in 2026 to approximately one-half of the 2025 amount. This anticipated reduction has led many individuals to review their estate planning strategies sooner rather than later.

There are several planning approaches that may be used to make use of the Exemption. One commonly used option is the Spousal Lifetime Access Trust, often referred to as a “SLAT.” A SLAT is an irrevocable trust established by one spouse (the “grantor”) for the benefit of the other spouse. When the trust is created, the grantor transfers assets to the SLAT, and the value of those transferred assets—taking into account any applicable valuation discounts—may be applied against the Exemption.

Using the Exemption during life may allow an individual to remove substantial value from their taxable estate, potentially reducing future estate tax exposure after 2025. Below are several considerations commonly associated with SLATs.

Potential Advantages

  • Assets transferred to a SLAT are generally excluded from the taxable estates of both spouses.
  • Any post-transfer appreciation of the trust assets is not subject to estate tax at the death of either spouse. For example, if assets valued at $12.92 million are transferred to a SLAT and later grow to $20 million, the increase in value is not subject to estate tax.
  • Although the grantor spouse is not a beneficiary, the beneficiary spouse may receive distributions from the SLAT, which can indirectly benefit the household.

Potential Drawbacks

  • SLATs are irrevocable, meaning the terms generally cannot be changed once the trust is established.
  • Assets transferred to a SLAT do not receive a step-up in income tax basis at death, which may have income tax implications if the assets are later sold.

While a SLAT is only one of several tools available for making use of the Estate and Gift Tax Exemption, it is often considered in light of the scheduled reduction in the Exemption beginning in 2026.

Individuals who are evaluating the Estate and Gift Tax Exemption or considering the use of a Spousal Lifetime Access Trust may wish to consult with a qualified estate planning attorney to discuss how these concepts apply to their particular circumstances. For those in a position to make lifetime gifts, thoughtful use of the Exemption may offer meaningful long-term tax planning opportunities.

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni