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The unlimited marital deduction is a provision in the US estate tax law that allows a married individual to transfer an unlimited amount of assets to their spouse, both during life and at death, without incurring any federal estate or gift taxes.
The Unified Transfer Tax System This unified exclusion amount exempts the first $12,920,000 of cumulative transfers through gifts and upon a taxpayer's death. Within a marriage, each spouse has a unified exclusion amount of $12,920,000.
The tax credit unifies the gift and estate taxes into one tax that decreases the tax bill of the individual or estate, dollar for dollar. The lifetime gift and estate tax exemption for 2022 is $12.06 million for individuals and $24.12 million for married couples filing jointly.
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.
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.