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ARTICLE · 22 OCTOBER 2020

Election Year Estate Planning

A&O Shearman
A&O Shearman
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Significant tax reform could be imminent, depending on whether Biden or Trump wins next month's election and which party controls Congress.

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Significant tax reform could be imminent, depending on whether Biden or Trump wins next month's election and which party controls Congress. Joe Biden's tax plan proposes changes that would drastically impact wealth transfer planning, including, but not limited to:

  1. Reducing the Estate and Gift Tax Exemption. Currently, you can transfer up to $11,580,000 ($23,160,000 per married couple) during life or at death without incurring federal gift or estate tax. Transfers in excess of that exemption amount are subject to gift or estate tax at a rate of up to 40%. Biden has proposed retuning estate tax levels to “historical norms.” This could mean that, effective as of January 1, 2021, the estate tax exemption amount could be reduced to $3,500,000 ($7,000,000 per married couple), the gift tax exemption amount could be reduced to $1,000,000 ($2,000,000 per married couple), and the top gift and estate tax rate could be increased to 45%. Accordingly, your currently remaining

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