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The unlimited marital deduction is a provision in the U.S. Federal Estate and Gift Tax Law that allows an individual to transfer an unrestricted amount of assets to their spouse at any time, including at the death of the transferor, free from tax.
Key Takeaways The unlimited marital deduction allows spouses to transfer an unlimited amount of money to one another, including upon death, without penalty or tax. Any asset transferred to a surviving spouse can be included in the spouse's taxable estate.
If you give people a lot of money or property, you might have to pay a federal gift tax. But most gifts are not subject to the gift tax. For instance, you can give up to the annual exclusion amount ($17,000 in 2023) to any number of people every year, without facing any gift taxes.
The gift tax requires you to pay taxes on any large monetary gifts over a certain threshold. You can gift up to $12.92 million in your lifetime without owing this tax, but you'll have to file a form if you've gifted more than $17,000 in the past year. If you're married, both you and your spouse can give $17,000.
There is no restriction on husband giving any money out of his income to his wife but you cannot claim any tax benefits in respect of money gifted to your wife.
How much money you can gift to a family member tax free will depend on how they are related to you. Gifting an unlimited amount of money to a spouse or civil partner will be tax free. Tax free gifts to all other family members will usually only be possible if they are within your annual exemption.
The 2023 gift tax limit is $17,000. For married couples, the limit is $17,000 each, for a total of $34,000. This amount, formally called the annual gift tax exclusion, is the maximum amount you can give a single person without reporting it to the IRS.
The spouse exemption is unlimited if neither of the spouses or civil partners is UK domiciled or if a non-UK domiciled individual makes gifts to a UK domiciled spouse or civil partner. However, the spouse exemption is capped when a UK domiciled individual gives assets to a non-UK domiciled spouse or civil partner.