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Gift and Estate Tax: The Boogeyman

by | Dec 23, 2025 | Estate Planning

Beginning in 2026, the federal lifetime exclusion against gift and estate tax is scheduled to increase to $15,000,000 per individual. In simple terms, this means that a person can give away—or die owning—up to $15 million in assets without paying any federal gift or estate tax. For married couples, this amount is effectively doubled to $30 million through portability and proper planning.

On top of this lifetime exclusion, federal law also allows annual exclusion gifts. In 2026, an individual may give $19,000 per recipient per year to an unlimited number of people without reducing their lifetime exclusion at all. These annual gifts are completely tax-free and do not require the use of any of the $15 million lifetime amount.

This structure is why the vast majority of people never face gift or estate tax liability.

How the Annual Exclusion Works

Suppose a person gives:

  • $19,000 to each of their three children
  • $19,000 to five grandchildren
  • $19,000 to ten friends

Even though the total amount gifted is $342,000, none of it reduces the person’s $15 million lifetime exclusion. No gift tax is owed, and no lifetime exemption is used.

To take this further, if someone gifts $19,000 to 100 different people, that is $1.9 million transferred entirely outside the gift and estate tax system—still without touching the lifetime exclusion.

What Happens If You Go Over $19,000?

If a person gives more than $19,000 to a single recipient in a calendar year, the excess amount reduces their lifetime exclusion.

For example:

  • Gift of $19,000 to Person A → no impact
  • Gift of $20,000 to Person B → $1,000 reduces the lifetime exclusion

After this gift, the individual’s remaining lifetime exclusion would be $14,999,000, but no tax would be owed.

In this situation, the donor is required to file a federal gift tax return (Form 709). Importantly, this is only a reporting requirement. As long as the lifetime exclusion has not been exhausted, no gift tax is due.

State Taxes and Practical Reality

There is no New Jersey gift tax, and New Jersey no longer has an estate tax. As a result, for residents of New Jersey, federal law is the only relevant concern.

Because of the very high lifetime exclusion and generous annual gifting rules, only a small fraction of Americans ever pay gift or estate tax. For most people, gifting is simply a planning tool—not a tax problem.

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