The 2026 picture, including the sunset that did not happen
If you did any estate planning reading between 2018 and 2024, you were told to brace for 2026: the exemption was scheduled to fall by roughly half when the 2017 tax law expired. That cliff was repealed. The 2025 tax law (the One Big Beautiful Bill Act) instead raised the federal estate and gift exemption to $15 million per person for deaths in 2026, indexed for inflation after that, with the top rate still 40%. Plenty of articles and even some professional advice still describe the old sunset; if your plan was built around it, it is worth a fresh look in the other direction.
The mechanics in one breath: everything you own at death (the house, the retirement accounts, the business, and, to most people's surprise, life insurance you own on your own life) is your gross estate. Subtract what passes to a spouse or charity, apply the exemption to the rest, and 40% applies to whatever clears the line. The rate table is graduated on paper, but the exemption's credit fully absorbs the lower brackets, so in practice every exposed dollar loses 40 cents.
The formula
Exemption 2026: $15,000,000 per person Annual gift exclusion: $19,000 per recipient
Estate and gift tax share one unified exemption: large lifetime gifts spend it in advance. Annual-exclusion gifts of $19,000 per recipient (from each spouse) spend none of it and require no paperwork at all.
Worked example
A couple's combined estate is $18 million. Together they hold $30 million of exemption, so the federal estate tax is $0, with $12 million of headroom.
Now the part that pays for the visit: that $30 million assumes portability was elected. If the first spouse dies and the executor never files Form 706 (easy to skip, since no tax is due), the survivor eventually faces the full $18 million with only $15 million of shelter: $3 million exposed, and $1,200,000 of tax. For this couple, a form filed in a sad season is worth one point two million dollars, and a simplified late election (Rev. Proc. 2022-32) stays open for five years if it was missed.
What still matters under a $15 million line
At this exemption level, most families' federal estate tax is zero, and the honest work moves elsewhere. State lines are lower: a dozen or so states levy their own estate or inheritance taxes, some with thresholds near $1 million, where a house plus a retirement account plus a life insurance policy gets there faster than people expect. Income tax has quietly become the bigger estate issue: inherited assets get a stepped-up basis (which argues against giving away low-basis stock too early), while inherited retirement accounts carry income tax on a 10-year clock; our inherited IRA RMD calculator prices that one. And life insurance remains the classic self-inflicted estate inclusion: owned by you, it is counted; owned by a properly built trust, it is not.
For estates genuinely above the line, the levers are old and effective: annual-exclusion gifting (quantified above, and it compounds well across many recipients and years), direct payment of tuition and medical bills (unlimited, exempt, and chronically underused), charitable bequests, and the trust architectures that deserve a professional rather than a web page. This calculator's job is the honest first pass: which side of the line you are on, what the distance is, and which single piece of paper matters most.