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This exemption is the value of assets you can give away, throughout your life and after your death, without being subject to the federal estate taxes described previously. For 2023, this exemption is $12.92 million/per person. Because the exemption is per person, married couples can give away double that amount.
What is the unlimited marital deduction? The unlimited marital deduction is a provision in the United States Internal Revenue Code that allows an individual to transfer, free from estate and gift tax, an unrestricted amount of assets to their spouse during life or at death.
Marital deduction refers to exceptions to gift and estate taxes for transfers made to spouses. Almost all property qualifies for this deduction and there is no limit. The deduction does not avoid taxes completely, but rather, the spouse receiving the property must pay the eventual estate taxes.
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.
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 marital deduction is determinable from the overall gross estate. The total value of the assets passed on to the spouse is subtracted from that amount, giving us the marital deduction. This interspousal transfer can occur during the couple's lifetime or after one spouse's death, ing to a will.
UNIFIED CREDIT AMOUNT: If your and your spouse's combined estimated estate value is below the unified credit exemption amount, currently $2 million, the marital deduction is enough to prevent any estate taxes at the federal level.
Even with the increased lifetime exemption amount for 2023, over $2 million would be subject to estate taxes. Those assets could be gifted to you tax-free using the unlimited marital deduction; however, the value of your taxable estate would also be increased by the value of the assets gifted to you.