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IRS Proposes Revisions to Estate and Gift Exclusion Clawback From TCJA

November 26, 2018

The U.S. Internal Revenue Service (IRS) issued proposed regulations that address issues and make conforming revisions arising from the temporary increase in basic exclusion amount for estate and gift tax enacted by legislation known as the Tax Cuts and Jobs Act (TCJA), P.L. 115-97. For gifts made and estates of decedents dying before Jan. 1, 2018, prior law (Sec. 2010(c)(3)(A)) provided an exclusion from taxable gifts or estates of $5 million, indexed for inflation after 2011. For gifts made or estates of decedents dying after Dec. 31, 2017, and before Jan. 1, 2026, the TCJA increased the amount to $10 million, also indexed for inflation after 2011 (Sec. 2010(c)(3)(C)). Thus, the amount for 2017 was $5.49 million and, for 2018, $11,180,000 (rising to $11.4 million in 2019). The basic exclusion amount is expressed in a gift or estate tax calculation as a credit against tentative tax equal to the applicable credit amount under Sec. 2010(c).