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Gift splitting allows a married couple to combine their individual gift tax exemptions to help enhance the benefits of tax-free gifting. This process is not automatic and the ability to split gifts requires that certain prerequisites are met, including the consent of both spouses on a filed federal gift tax return.
Planning Tip: The assets of a properly drafted ILIT can be indirectly available during the client's lifetime if needed. With proper ILIT design, the client's spouse can be the ILIT's sole trustee.
You can give an inheritance in the form of money, real estate, personal items, or a combination of your assets. Keep in mind, if you sell an asset for less than its value, reduce interest, or charge no interest, this may also be considered a gift.
The three-year rule prevents individuals from gifting assets to their descendants or other parties once death is imminent in an attempt to avoid estate taxes.
Give now or later: The IRS doesn't care The U.S. tax code makes it fairly easy to give your children money, stocks or other investments or a piece of the family business. You can transfer up to a certain amount during your lifetime as a gift or at death through a will, free from federal gift and estate taxes.
Tax-free gifts.You can give up to $16,000 per calendar year (in 2022) per recipient without paying gift tax. You can also pay someone's tuition or medical bills, or give to a charity, without paying gift tax on the amount.
Note that certain classes of Crummey powerholders will require additional planning, including: Spouses. Spouses, as trust beneficiaries, can hold Crummey powers.
A Trust (or Marital Trust)The surviving spouse must be the only beneficiary of the trust during his/her lifetime, however, at the time of the second spouse's death, the trust can pass to any other named beneficiaries like children, grandchildren, etc.
According to federal tax law, if an individual makes a gift of property within 3 years of the date of their death, the value of that gift is included in the value of their gross estate. The gross estate is the dollar value of their estate at the time of their death.
Generally, the Gross Estate does not include property owned solely by the decedent's spouse or other individuals. Lifetime gifts that are complete (no powers or other control over the gifts are retained) are not included in the Gross Estate (but taxable gifts are used in the computation of the estate tax).