Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

applicable exclusion amount

Read a random definition: recorded recollection

A quick definition of applicable exclusion amount:

The applicable exclusion amount is the amount of gifts and estate transfers that are exempt from an individual's gift and estate taxes. This means that a person can give or transfer up to a certain amount without having to pay taxes on it. The amount changes over time and can be used on one gift, split between gifts and estate transfers, or used entirely on estates. There are also exceptions for gifts to charity or education expenses, as well as spousal exceptions. However, Congress has debated reducing this amount, so it may change in the future. Examples of the applicable exclusion amount in practice include giving gifts to children or spouses without incurring taxes, or using both a person's and their spouse's exclusion amount to transfer assets to their children tax-free.

A more thorough explanation:

The applicable exclusion amount, also known as unified credit, is the total amount of gifts and estate transfers that are exempted from an individual's gift and estate taxes. This exclusion can be used on one gift, partially on gifts and partially on estate transfers, or entirely on estates. It is a contested area of tax law that changes frequently and creates a significant exception to the approximately 40% Federal estate tax.

Every U.S. citizen has an applicable exclusion amount for all gifts made inter vivos or estate transfers at death. Some gifts do not count towards the amount, such as to charity or paying someone's education expenses. There are also spousal exceptions that allow free transfers to the spouses without counting against the individual's lifetime exclusion amount, and a spouse can transfer what exclusion amount is not used in their lifetime to their spouse upon testacy.

The amount has ranged from less than $1,000,000 in 2000 to over $11,000,000 in 2018. In 2011, Congress set the amount at $5,000,000 with increases every year to adjust for inflation, and this method lasted for a few years until the Tax Cuts and Jobs Act of 2017 added $5,000,000 to the 2011 amount until 2026. After adjusting for inflation, the cap was set at $11,180,000 for the year 2018, and the cap is set to increase every year for inflation until reverting back to the prior $5,000,000 cap plus inflation. However, Congress has already debated multiple times reducing this cap since 2017, and if history serves, Congress will likely change the exclusion amount before it reverts back in 2026 to the 2011 system.

John gives his three children as a gift $4,000,000 each during his lifetime, and John has $10,000,000 pass to his children through his estate. If the applicable exclusion amount was $12,000,000, the lifetime gifts of $4,000,000 would not be subject to estate tax because they would not go over the $12,000,000 exclusion amount. However, all of John's exclusion amount would be used up on the lifetime gifts, and the $10,000,000 estate would face estate taxes of around $4,000,000. This example illustrates how the applicable exclusion amount can be used on lifetime gifts and estate transfers.

Sammy gives her daughter $20,000,000 upon graduating law school, and later, Sammy gives her daughter $10,000,000 more upon getting married. If the applicable exclusion amount is $12,000,000, Sammy would face gift taxes on $8,000,000 of the first gift and all of the second, resulting in about $8,000,000 in gift taxes. This example illustrates how the applicable exclusion amount can be exceeded, resulting in gift taxes.

Rachel and Ross are married, but Ross dies leaving $15,000,000 to Rachel without using any of his exclusion amount during his life. If the exclusion amount is $12,000,000, Rachel could use both her and Ross's exclusion amount to transfer $24,000,000 to their son without amassing any estate tax. This example illustrates how the spousal exception can be used to transfer more assets without incurring estate tax.

appellee | appointees

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
1a2b3c4d26z
19:33
Yes llama, nothing ever happens
19:34
wow lots of decisions today, i think today was the most per day yet.
Dkk
19:36
Stay off reddit. It will do this to your brain:
19:37
google contracted with reddit to train their ai how people talk. lol the 'ai future' is going to be full of search results FED REDDIT POSTS. unplug the internet now! https://www.reuters.com/technology/reddit-ai-content-licensing-deal-with-google-sources-say-2024-02-22/
Google AI is actually pretty cool though. Only when its actually accurate though.
19:40
by pretty cool, do you mean smug pseudo intelect?
Dkk
19:40
THE INTERNET WAS A MISTAKE. END IT NOW.
Dkk
19:40
Google AI kept telling me schools were not binding ED when they were. Really annoyed me.
Dkk
19:41
Yeah, when accurate it is nice.
this election has the potential to push america further into ultranationalist populism
Dkk
19:42
Maybe, didnt happen last time.
19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
LSD+ is ad-free, with DMs, discounts, case briefs & more.