Federal Estate and Gift Tax Rates and Exclusions

The following is a chart of the federal estate tax exclusions. the bottom and top tax rates that have been in effect since 1977 (assuming no taxable gifts before 1977), and the federal gift tax annual exclusions.  The federal gift tax lifetime exclusion amounts were the same as the estate tax exclusions, except for the years 2004 through 2010, when the federal gift tax exclusion amount was limited to $1,000,000.

Year


Estate Tax Exclusion

Estate Tax Initial Rate (Above Exclusion)

Estate Tax Maximum Rate

Gift Tax Annual Exclusion

1977

$120,667

30%

70%

$3,000

1978

$134,000

30%

70%

$3,000

1979

$147,333

30%

70%

$3,000

1980

$161,563

32%

70%

$3,000

1981

$175,625

32%

70%

$3,000

1982

$225,000

32%

65%

$10,000

1983

$275,000

34%

60%

$10,000

1984

$325,000

34%

55%

$10,000

1985

$400,000

34%

55%

$10,000

1986

$500,000

37%

55%

$10,000

1987-1996

$600,000

37%

55%

$10,000

1997

$600,000

37%

60%[1]

$10,000

1998

$625,000

37%

60%[1]

$10,000

1999

$650,000

37%

60%[1]

$10,000

2000-2001

$675,000

37%

60%[1]

$10,000

2002

$1,000,000

41%

50%

$11,000

2003

$1,000,000

41%

49%

$11,000

2004

$1,500,000

45%

48%

$11,000

2005

$1,500,000

45%

47%

$11,000

2006

$2,000,000

46%

46%

$12,000

2007-2008

$2,000,000

45%

45%

$12,000

2009

$3,500,000

45%

45%

$13,000

2010[2]-2011

$5,000,000

35%

35%

$13,000

2012

$5,120,000

35%

35%

$13,000

2013

$5,250,000

40%

40%

$14,000

2014

$5,340,000

40%

40%

$14,000

2015

$5,430,000

40%

40%

$14,000

2016

$5,450,000

40%

40%

$14,000

2017

$5,490,000

40%

40%

$14,000

2018

$11,180,000 [3]

40%

40%

$15,000

2019

$11,400,000

40%

40%

$15,000

2020

$11,580,000

40%

40%

$15,000

2021

$11,700,000

40%

40%

$15,000

2022

$12,060,000

40%

40%

$16,000

2023

$12,920,000

40%

40%

$17,000

2024

$13,610,000

40%

40%

$18,000

2025

$13,990,000

40%

40%

$19,000

2026

$15,000,000 [4]

40%

40%

TBD

Notes to table:

[1]  The 60% maximum tax rate actually represents an additional 5% that was added to estates of more than $10,000,000 from the years 1997 to 2001 in order to eliminate the benefit of the progressive tax table.  The additional 5% ended at a taxable estate of $17,184,000, which is when the average tax rate reached 55%.  So the top marginal tax rate during those years was 60%, but the top average tax rate was 55%.

[2]  The federal estate tax in 2010 was actually optional, and estates could elect to pay no estate tax and instead accept a limit on the increase in the income tax basis on assets included in the estate.

[3]  The basic exclusion amount was doubled for the years 2018 through 2025 under section 11061 of P. L. 115-97.

[4]  The basic exclusion amount was increased to $15,000,000 by section 70106 of P.L. 119-21, with adjustments for inflation after 2025.

Vacating Local Orphans’ Court Rules

After entering an order adopting new Orphans’ Court rules, generally effective September 1, 2016 (see In re: Order Rescinding and Replacing Rules 1.1 through 13.3 and Rule 17, and Amendment Rules 14.1 through 16.12 of the Pennsylvania Orphans Court Rules, No. 682 Supreme Court Rules Docket (12/1/2015), 45 Pa.B. 7098 (12/19/2015)), the Supreme Court entered an order directing that local rules for which there is a “continued necessity” should be submitted to the Orphans’ Court Procedural Rules Committee for review no later than June 1, 2016.

Local rules that are not reviewed and adopted under new Pa.O.C. Rule 1.5 shall be vacated effective September 1, 2016.

Review and Vacatur of Local Orphans’ Court Rules, No. 683 Supreme Court Rules Docket (12/1/2015), 45 Pa.B. 7126 (12/19/2015).

New Basis Reporting Form

The Internal Revenue Service has released a 12/18/2015 draft of a new Form 8971 for reporting basis information in accordance with new IRC section 6035 for assets held by a decedent and reported on a federal estate tax return (Form 706) filed on or after August 1, 2015.

As previously reported, the IRS has delayed the due date for the new reporting requirements until February 29, 2016.  See Notice 2015-57.

Applicable Federal Rates for 2015

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— Short Term Rates for 2015 —

MonthAnnualSemiann.QuarterlyMonthly
Jan.0.41%0.41%0.41%0.41%
Feb.0.48%0.48%0.48%0.48%
March0.40%0.40%0.40%0.40%
April0.48%0.48%0.48%0.48%
May0.43%0.43%0.43%0.43%
June0.43%0.43%0.43%0.43%
July0.48%0.48%0.48%0.48%
Aug.0.48%0.48%0.48%0.48%
Sept.0.54%0.54%0.54%0.54%
Oct.0.55%0.55%0.55%0.55%
Nov.0.49%0.49%0.49%0.49%
Dec.0.56%0.56%0.56%0.56%

— Mid Term Rates for 2015 —

MonthAnnualSemiann.QuarterlyMonthly
Jan.1.75%1.74%1.74%1.73%
Feb.1.70%1.69%1.69%1.68%
March1.47%1.46%1.46%1.46%
April1.70%1.69%1.69%1.68%
May1.53%1.52%1.52%1.52%
June1.60%1.59%1.59%1.58%
July1.77%1.76%1.76%1.75%
Aug.1.82%1.81%1.81%1.80%
Sept.1.77%1.76%1.76%1.75%
Oct.1.67%1.66%1.66%1.65%
Nov.1.59%1.58%1.58%1.57%
Dec.1.68%1.67%1.67%1.66%

 — Long Term Rates for 2015 —

MonthAnnualSemiann.QuarterlyMonthly
Jan.2.67%2.65%2.64%2.64%
Feb.2.41%2.40%2.39%2.39%
March2.19%2.18%2.17%2.17%
April2.47%2.45%2.44%2.44%
May2.30%2.29%2.28%2.28%
June2.50%2.48%2.47%2.47%
July2.74%2.72%2.71%2.70%
Aug.2.82%2.80%2.79%2.78%
Sept.2.64%2.62%2.61%2.61%
Oct.2.58%2.56%2.55%2.55%
Nov.2.57%2.55%2.54%2.54%
Dec.2.61%2.59%2.58%2.58%

Same-Sex Marriages and Employee Benefits

The Internal Revenue Service (IRS) has issued a notice providing guidance on the application of the decision in Obergefell v. Hodges, 576 U.S. ___, 135 S.Ct. 2584 (2015), to retirement plans qualified under section 401(a) of the Internal Revenue Code (Code) and to health and welfare plans, including cafeteria plans under section 125 of the Code.  Notice 2015-86, 2015-52 IRB 1 (12/9/15).

“Personal Effects” Included Automobile; Priority of Gifts Among Children

Provision of will directing executor to pay the costs of delivering “such tangible property” expanded the meaning of “personal effects” to include a gift of automobiles, which is consistent with a previous will and a summary of that will prepared by the decedent’s lawyer.  It was the intention of the testator that his four children should receive equal gifts, and so a cash gift to one child should have the same priority as gifts of real property to the other three children, and cash gifts to step-children will abate.  Lozinak Estate, 5 Fid.Rep.3d 398 (O.C. Montg. 2015) (opinion by Ott, J.)

Beneficiary not Entitled to Lease or Buy Property, and Letter is not Codicil

Administrator properly rejected offers of one beneficiary to rent or purchase real estate owned by decedent, and letter from the decedent, which expressed a desire that the beneficiary reside at the property, was not a codicil because it expressed no testamentary intention to transfer the property to the beneficiary.  Smolsky Estate, 5 Fid.Rep.3d 392 (O.C. Bucks 2015), aff’d, No. 2182 EDA 2015 (Pa. Super. 2/4/2016) (memorandum by Platt, J.), pet. for app., No. 193 MAL 2016 (Pa.).

Inheritance Tax on IRA Paid from Residue; Guidelines for Executor Commissions and Attorney Fees

Estate’s payment of inheritance on individual retirement accounts was proper when will directed that “all taxes that may be assessed in consequence of my death” be paid “from my residuary as a part of the expense of the administration of my estate.”  Reasonable executor commission and attorney fees determined in accordance with guidelines different from Johnson Estate, with a reduction in attorney fees for accountant fees for preparing tax returns.  Donofrio Estate, 5 Fid.Rep.3d 384, 96 Wash.Co.Rep. 16 (O.C. Wash. 2015).

New Orphans’ Court Rules

The Supreme Court has entered an order adopting new Orphans’ Court rules, generally effective September 1, 2016.  In re: Order Rescinding and Replacing Rules 1.1 through 13.3 and Rule 17, and Amendment Rules 14.1 through 16.12 of the Pennsylvania Orphans Court Rules, No. 682 Supreme Court Rules Docket (12/1/2015), 45 Pa.B. 7098 (12/19/2015).

The Orphans’ Court Procedural Rules Committee Report, summarizing and explaining the rules, states that in response to some of the comments that were received some revisions were made to the rules as originally proposed, but it is not immediately apparent which of the proposed rules were revised.  [Update: An unofficial copy of a comparison between the proposed rules and the final rules can be found here.]

We hope to provide some commentary on the new rules in the near future.

[Update (12/15/14): On 12/14/2015, the Supreme Court entered an amended order, the purpose of which was reportedly to correct the underlining and brackets for some additions and deletions to Chapter 14 (incapacitated persons) and Chapter 16 (abortion control).]

[Update: The Supreme Court entered a later order regarding the review of local rules for which there is a “continued necessity.”]