Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

applicable exclusion amount

Read a random definition: incidental main motion

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
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
LSD+ is ad-free, with DMs, discounts, case briefs & more.