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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 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.
For estates of decedents who pass away in 2024, the basic exclusion amount for determining the unified credit against estate tax under §2010 will be $13,610,000. This represents an increase of $690,000.
The other big change: the lifetime estate and gift tax exemption (also known as the unified credit), will jump to $12.92 million in 2023, up from $12.06 million in 2022. Since couples share their exemptions, it means a wealthy couple that starts making gifts in 2023 can pass on $25.84 million.
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.
What Is Maximum Unified Credit? The current maximum unified credit for 2022 is standing at $12.06 million. This is up from $11.7 million in 2021.
The unified credit in 2023 will be $12,920,000, up from $12,060,000 in 2022. Since the credit can be shared between spouses, when used correctly, a married couple can transfer up to a combined $25,840,000 without incurring gift or estate tax.
Spousal Planning As stated, each person has a unified credit. This means that each spouse in a marriage has a unified credit and that by using both of those credits a married couple may exempt from transfer taxes a marital estate worth up to $10.86 million.