Estate Planning – Live Laugh Love Do http://livelaughlovedo.com A Super Fun Site Mon, 15 Sep 2025 19:09:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 How A Irrevocable Life Insurance Trust Can Reduce Estate Taxes http://livelaughlovedo.com/finance/how-a-irrevocable-life-insurance-trust-can-reduce-estate-taxes/ http://livelaughlovedo.com/finance/how-a-irrevocable-life-insurance-trust-can-reduce-estate-taxes/#respond Mon, 15 Sep 2025 19:09:42 +0000 http://livelaughlovedo.com/2025/09/16/how-a-irrevocable-life-insurance-trust-can-reduce-estate-taxes/ [ad_1]

Lately, I’ve been thinking more about estate planning. Part of it is just getting older. Part of it is having young children I want to protect no matter what. And part of it is watching the unsettling rise in political violence, which is a stark reminder that life can be cut short unexpectedly.

As I inch closer to death, I can’t help but wonder about estate tax planning and the potentially massive tax bill my family might face if we’re extremely fortunate. To get ahead of it, I started digging into how an irrevocable life insurance trust (ILIT) could help families save big on the so-called death tax.

Picture this fortunate estate scenario:

A couple in their 90s, let’s call them the Yamamotos, spent their whole lives saving and investing. They built a thriving small business in Honolulu, bought a few rental properties, and squirreled away some stocks that did surprisingly well over the decades. By the time they’re both gone, their estate is worth about $50 million.

Building multi-generational wealth sounds like the dream, right? Except there’s a nightmare twist: the IRS shows up with a 40% estate tax bill on everything above the exemption amount, which in 2025 is $13.99 million per individual, or $27.98 million for a married couple.

That means the Yamamotos’ estate owes roughly $8.8 million in taxes (40% of $22.02 million, the amount over the estate tax threshold for two people).

And here’s the problem: most of the Yamamotos’ wealth is tied up in their business and properties. The estate doesn’t have $9 million in liquid cash sitting around. To cover the bill, the executor may be forced into a fire sale, dumping assets below market value just to raise cash. Years of careful building and family legacy can get ripped apart in one swoop.

But there’s a better way. Instead of scrambling to liquidate assets under pressure, families can use life insurance to pay the bill. And not just any life insurance policy, but one wrapped neatly inside something called an Irrevocable Life Insurance Trust (ILIT).

Let me explain why this is one of the most underappreciated estate planning moves the wealthy can make.

The Magic of the Irrevocable Life Insurance Trust (ILIT)

Here’s the financial strategy: Instead of owning a life insurance policy in your own name, you create an ILIT and have the trust own the policy. When you pass away, the ILIT – not your estate – collects the tax-free death benefit. The ILIT can then provide liquidity to cover estate taxes or distribute what’s left to your heirs exactly as you instructed.

Why is this so powerful? Because any payout that goes into the ILIT is not counted as part of your taxable estate. Even if you have a giant estate and a giant life insurance payout, the IRS doesn’t get to double dip.

Let’s run some numbers:

Suppose our friend Mr. Yamamoto has a $10 million life insurance policy inside an ILIT. If he owned that policy himself, the payout would push his taxable estate up another $10 million. That’s another $4 million evaporating into taxes ($10 million X 40% death tax).

But with the ILIT in place? That same $10 million policy gets funneled into the trust, outside the IRS’s reach, and can be used to give the estate the liquidity it needs to pay the tax bill. The family keeps their real estate, their business, their investments, and avoids a panic fire sale. That’s a massive win.

An ILIT succeeds in removing the insurance from the estate. It does not deprive anybody of access to anything.

Flexibility: Beneficiaries, Trustees, and Even “Special Friends”

One of the great things about ILITs is flexibility. You can choose almost anyone as the beneficiary: kids, grandkids, business partners, even lifelong friends.

Historically, ILITs were also a discreet way to provide for unmarried partners or, let’s be honest, “special friends” outside of marriage. If an individual had a special friend they wanted to benefit for always being there for them physically and emotionally when their spouse was not, life insurance inside the trust was one way you could take care of that obligation.

Scandalous? Maybe. Practical? Definitely.

On a more traditional note, ILITs also let you add structure. Don’t want your grandkids blowing their inheritance on Bentleys and TikTok influencer gear? Fine. You can direct the trustee to release money only for college tuition or a down payment on a home.

You can also protect heirs from creditors, divorce disputes, and even their own bad decisions. Trust and life insurance laws are strong in most states, and combined together, they form a kind of legal shield.

Think of it as “money with seatbelts.”

How an ILIT Actually Works

The setup has to be precise to pass IRS scrutiny. That’s why you should speak to an estate planning lawyer to help you set it up. Here’s the playbook:

  1. Create the ILIT – You (the grantor) set up the trust and name a trustee. This has to be “irrevocable” — meaning once it’s done, you can’t pull the money back out for yourself. A revocable living trust is one you can change.
  2. ILIT Buys the Policy – Instead of you buying the life insurance policy, the trust buys and owns it. You fund the trust with cash so it can pay the premiums. Important: Don’t transfer an existing policy into the trust unless you’re sure you’ll live at least three more years. Otherwise, the IRS will pull it back into your taxable estate.
  3. Notify Beneficiaries (Crummey Notices) – When you put money into the trust, beneficiaries technically have the right to withdraw it. The trustee has to send out “Crummey notices” (named after a taxpayer with great timing and a funny last name). Beneficiaries usually don’t take the money out, but the IRS requires this step for the trust to remain legit.
  4. Trust Pays Premiums – After the notice period passes (usually 30–60 days), the trustee uses the cash to pay the policy premiums.
  5. Death Benefit Provides Liquidity – When you pass away, the ILIT collects the death benefit. The trustee can then decide how to use the funds: provide liquidity to the estate to cover taxes, support heirs, or both.

For example, the ILIT might name your spouse as the primary beneficiary and your kids as secondary beneficiaries. That way, your spouse is taken care of, and whatever’s left passes to your children free of estate tax when your spouse later passes. Smart layering.

Pitfalls and Cautionary Tales

Like most good things in finance, ILITs come with caveats:

  • Forget the Crummey notices and you’re toast. One lawyer recalled a client who tried to backdate notices using a laser printer, except the notices predated the invention of laser printers. The IRS wasn’t impressed. Result: the ILIT was voided, and the assets were dragged back into the taxable estate. Ouch.
  • Watch out for oversized policies. Don’t let a life insurance salesman talk you into $40 million of coverage if your estate plan shows you only need $10 million. Permanent life insurance is expensive, and excess premiums can drain your liquidity.
  • ILITs work best with permanent life insurance. Term life policies usually expire before estate taxes are due. But permanent policies (whole, universal, etc.) cost a hefty amount in premiums. You’ve got to weigh whether the coverage is worth it.
  • Tax laws change. Today’s $13.99 million per-person exemption might not last, despite the passage of The One Big Beautiful Bill Act on July 4, 2025. If the exemption falls back to ~$5 million, many more families will be affected. Still, if your net worth is likely to grow, planning ahead with an ILIT can make sense.
  • No take-backs. Once you lock money into an ILIT, it’s gone for good. Some families regret setting one up when times get tough later. Or perhaps you decide to aggressively decumulate wealth by YOLOing and giving enough away to charity that you end up way under the estate tax threshold when you die.

An ILIT Is Like A Pressure Release Valve

Estate taxes are often called the “rich person’s problem.” But here’s the reality: real estate appreciation, stock market gains, and business success can push families into taxable territory faster than they expect.

For the Yamamotos, sitting on a $50 million estate, the IRS’s cut is nearly $9 million. An ILIT is like a pressure valve. It takes the uncertainty and panic out of the equation by ensuring there’s cash available to pay Uncle Sam without dismantling the family legacy.

Is it perfect? No. It requires discipline, planning, and often some hefty life insurance premiums. But for families who want to avoid a forced fire sale and keep their wealth intact across generations, it’s one of the most practical estate planning tools out there.

As with all things money, the earlier you plan, the more options you have. Don’t wait until you’re 78 with your estate executor staring down the barrel of a multimillion-dollar tax bill. Talk to an estate attorney, run the numbers, and see if an ILIT fits into your plan.

Because if you don’t, the IRS might end up as your biggest heir, and they don’t even send thank-you notes.

Readers, do any of you have an ILIT set up inside an irrevocable trust? If so, how easy was it to create, and do you think it’ll be worth it? If you’re considering one, definitely consult an estate planning attorney, as I’m not one. At a minimum, make sure you’ve got a death file, a revocable living trust, or at least a will. Since death is inevitable, it’s on us to plan ahead so our heirs aren’t left scrambling once we’re gone.

Suggestions To Protect Your Family

Check out Policygenius for a free, customized life insurance quote. My wife and I both used them to secure matching 20-year term life insurance policies at a great rate. The monthly premiums are nothing compared to the peace of mind of knowing our kids are protected. Life is unpredictable, and estate planning isn’t something you want to put off. Don’t wait until it’s too late. Get covered today.

If you’re thinking about estate planning, chances are you’ve already built up meaningful assets that deserve protection. If you have over $100,000 in investable assets—whether in savings, brokerage accounts, 401(k)s, or IRAs—you can get a free financial check-up from an Empower financial professional.

It’s a no-obligation way to have a seasoned expert review your entire financial picture, including estate planning strategies like trusts, insurance, and tax efficiency. A fresh set of eyes could uncover hidden fees, inefficient allocations, or opportunities to optimize. Protect your legacy and your portfolio.

(Disclosure: The statement is provided to you by Financial Samurai (“Promoter”), who has entered into a written referral agreement with Empower Advisory Group, LLC (“EAG”). Click here to learn more.)

[ad_2]

]]>
http://livelaughlovedo.com/finance/how-a-irrevocable-life-insurance-trust-can-reduce-estate-taxes/feed/ 0
The Step-Up In Cost Basis And The Estate Tax Threshold http://livelaughlovedo.com/finance/the-step-up-in-cost-basis-and-the-estate-tax-threshold/ http://livelaughlovedo.com/finance/the-step-up-in-cost-basis-and-the-estate-tax-threshold/#respond Thu, 17 Jul 2025 05:25:26 +0000 http://livelaughlovedo.com/2025/07/17/the-step-up-in-cost-basis-and-the-estate-tax-threshold/ [ad_1]

Imagine spending your life building wealth, investing in real estate, stocks, or your business, with the hope of leaving a legacy for your children. Then one day, you find yourself wondering: Will the government take a massive chunk of it anyway?

If your estate is well above the federal estate tax exemption threshold — $30 million for a married couple in 2026 under the OBBBA — you might be asking a very legitimate question:

“What’s the point of the step-up in basis if my estate still owes millions in estate taxes?”

Conversely, if your estate is well below the federal estate tax exemption threshold, you might also ask the far more common question:

“What’s the benefit of the step-up in basis if I won’t be paying the death tax anyway?”

Because I’m not dead yet, I haven’t been focused too much on the estate tax owed upon death. However, like any good pre-mortem planner who thinks in two timelines, it’s important to clarify the confusion and plan accordingly.

Let’s walk through how it all actually works. I’ll explain it with three examples, so you’ll come away understanding why the step-up in basis still matters and why estate tax planning becomes critical the wealthier you get.

The Basics: Step-Up in Basis vs Estate Tax

The key to understanding how the step-up in basis helps, regardless of your estate’s value is knowing there are two completely different taxes in play when someone dies:

1. Estate Tax – a tax on the total value of your assets at death, if your estate exceeds the federal exemption. This tax is paid by the estate.

2. Capital Gains Tax – a tax on the appreciation of assets, but only if those assets are sold. This tax is paid by your heirs.

When someone dies, their heirs get a step-up in cost basis on inherited assets. That means the asset’s cost basis is reset to the fair market value (FMV) on the date of death. The capital gains from the decedent’s lifetime are essentially wiped out.

If you’re looking for a financial reason to hold onto your stocks, real estate, and other assets indefinitely, the step-up in cost basis is a compelling one. Instead of selling your assets, do what billionaires do, and borrow against them to incur no capital gains tax liability.

I used to think it was wasteful for investors to never sell and enjoy a better life with the proceeds along the way. But it turns out, never selling might be the greatest gift you could leave your adult children.

Step-up In Basis vs Estate Tax Example 1: A $50 Million House

To help us better understand how the step-up in basis and the estate tax threshold works, I want to use an extreme example. Thinking in extremes helps you understand anything better.

Let’s say you and your spouse own a single house worth $50 million. You bought it decades ago for $1 million, and it’s now your primary residence. You both pass away, and your two children inherit the property.

Capital Gains Tax:

Normally, if your children sold that house with a $49 million gain, they’d owe capital gains tax — around 20% federal plus 3.8% net investment income tax. That’s over $11 million in taxes.

But because of the step-up in basis, the cost basis resets to $50 million. If they sell the house for $50 million the day after your death, they owe zero capital gains tax. Hooray for a tax-free generational wealth transfer—just for having the good fortune of being born to a rich bank of mom and dad!

Well, not quite.

Estate Tax:

Despite being dead, you’re not off the hook entirely. Because your estate is worth $50 million (you have no other assets but the $50 million house) and the federal estate tax exemption for a married couple is $27.98 million in 2025, the taxable estate is $22.02 million.

At a 40% tax rate, that’s a $8.8 million estate tax bill. Ouch.

And here’s the key point: the estate tax comes first. It has to be paid before the heirs get the property — and it’s paid out of the estate itself.

So the executor (perhaps your children) either:

  • Have to sell part or all of the house to pay the estate tax, or
  • Use other liquid assets in the estate (if any) or borrow against the house
  • Borrow Against the Property (Estate Takes Out a Loan)
  • Use Life Insurance (Irrevocable life insurance trusts)
  • File a 6-month extension with the IRS and ask to pay in installments

If you know you have a large, illiquid estate, you must plan ahead to figure out how to pay the estate tax.

So What’s the Point of the Step-Up?

At first glance, this seems discouraging. You still owe tax, so what did the step-up even save you?

Here’s the thing: Without the step-up, the tax bill is much worse.

Imagine the same scenario, but there was no step-up in basis. The kids inherit your $50M house with a $1M cost basis. Now the total taxes owed are:

Estate tax: $8.8 million

Capital gains tax (if they sell): 23.8% of $49 million = ~$11.7 million

Total tax: $20.5 million

That’s 40% of the value of the estate gone to the government. With the step-up in basis, that total tax burden drops to just the $8.8 million estate tax from $20.5 million.

In other words, the step-up in cost basis prevents double taxation. It doesn’t make estate tax go away. But it shields your heirs from also having to pay capital gains tax on the same appreciated value.

Step-up In Basis vs Estate Tax Example 2: A $45 Million Stock Portfolio

Let’s say your net worth is mostly tied up in tech stocks you bought in the early 2000s. Maybe you got into Amazon at $50 a share or invested early in a basket of private AI companies. Now, your portfolio is worth $45 million, but your cost basis is only $2 million.

When you pass away:

  • Your heirs receive the stock with a stepped-up basis of $45 million
  • If they sell immediately, they owe no capital gains tax
  • However, if your total estate (including other assets) exceeds the federal exemption, they’ll still face estate tax on the amount over the threshold

Let’s say your total estate is worth $45 million and you’re married. Assuming you’ve properly elected portability and the combined federal estate tax exemption at the time of death is $25 million, your taxable estate would be $20 million. At a 40% estate tax rate, the estate would owe approximately $8 million. This tax must be paid before distributions to your heirs, meaning they would receive roughly $37 million, not the full $45 million.

The good news is that the step-up in cost basis applies to the full $45 million, not just the $37 million your heirs actually receive after taxes. So if they sell the assets for $45 million, they’ll owe zero capital gains tax because their cost basis has been reset to the fair market value at the time of death.

Without the step-up, they would inherit your original cost basis of $2 million. If they sold the portfolio for $45 million, they’d owe capital gains tax on $43 million in unrealized gains. At the 23.8% federal long-term capital gains rate, that’s over $10 million in potential tax — on top of the $8 million in estate tax.

Step-Up in Basis Example 3: A $4 Million Rental Property

Let’s say you bought a rental property 30 years ago for $400,000. Over time, its value has appreciated to $4 million, and it’s now fully paid off. You have no mortgage, and your total estate—including this property, some retirement savings, and other assets—is worth $5 million.

Since the federal estate tax exemption for an individual is $13.99 million in 2025 (or $27.98 million for a married couple), your estate is well below the taxable threshold. That means no estate tax is due—your heirs get everything without the estate owing a penny to the IRS.

But here’s where the step-up in basis makes a massive difference:

Capital Gains Tax Without the Step-Up:

If you gifted the property to your child while alive, they’d inherit your original $400,000 basis, not the $4 million fair market value. If they later sold it for $4 million, they’d owe capital gains tax on $3.6 million of gains. That’s likely over $850,000 in taxes, depending on their income and state.

On the other hand, if you hold the property until your death, then your heirs get a step-up in basis to the fair market value on your date of death — in this case, $4 million. If they sell right away, no capital gains tax is due.

So ironically, doing nothing and holding onto the property until death is often the most tax-efficient strategy. So perhaps your boomer parents aren’t so greedy after all for not helping you more while alive.

Capital Gains Tax With the Step-Up:

But if you hold the property until death, the basis is stepped up to the $4 million fair market value. Your heirs can then sell it for $4 million the day after inheriting it and owe zero capital gains tax.

Who Pays What Tax?

  • Estate tax is paid by the estate, if owed, before assets are distributed.
  • Capital gains tax is only paid by the heirs if they sell the asset and only if there’s a gain beyond the stepped-up basis.

In this third example, because the estate is below the exemption limit and your heirs sell right after inheriting, neither the estate nor the heirs pay any tax. Hooray for not being rich enough to pay even more taxes!

The Step-Up Is A Gift — But It’s Not a Shield

Think of the step-up in basis as a forgiveness of capital gains tax, but not a full pardon from all taxes.

You’re still subject to the estate tax if your assets exceed the exemption. But the step-up can make a huge difference in the after-tax inheritance your children receive.

For high-net-worth families, the step-up is essential to prevent what could otherwise become a 60%+ combined tax burden.

Even if you don’t expect your estate to be large enough to trigger estate tax, the step-up in basis can still save your heirs hundreds of thousands to millions of dollars in capital gains taxes.

The step-up is one of the most powerful estate planning tools available — and a compelling reason to hold onto appreciated assets until death, especially if your goal is to maximize what you pass on.

Wealth by generation - The Step-Up In Cost Basis And Its Relation To The Estate Tax Threshold

Actions You Can Take To Reduce Your Estate Tax

If your estate is well above the federal exemption — especially if most of your wealth is tied up in a single asset like a business, property, or concentrated stock position — you need to plan ahead to pay the estate taxes. Some strategies include:

1. Grantor Retained Annuity Trust (GRAT)

Move appreciating assets out of your estate into trusts, like a Grantor Retained Annuity Trust (GRAT) or Intentionally Defective Grantor Trust (IDGT). These remove future appreciation from your taxable estate.

Example: Put $1M of rapidly appreciating assets (like stocks or real estate) into a short-term, 2-year GRAT. You get annuity payments back, and the future appreciation passes to heirs gift-tax free.

  • Transfer $2M into a 2-year GRAT
  • Receive $1M/year back in annuities
  • Asset appreciates 8% annually
  • After 2 years, excess growth goes to heirs estate-tax free

A Revocable Living Trust Doesn’t Reduce Your Taxes

For those wondering whether putting your assets in a revocable living trust can help you save on estate taxes or capital gains taxes — it doesn’t. A revocable living trust is primarily a tool for avoiding probate, maintaining privacy, and streamlining the distribution of your assets after death.

While it does ensure your heirs receive the step-up in basis on appreciated assets (since the trust is still considered part of your estate), it does not reduce your estate’s value for estate tax purposes. The IRS treats assets in a revocable trust as if you still own them outright.

In other words, the trust helps with logistics and efficiency — not with reducing your tax bill. If your goal is to lower your estate taxes, you’ll need to explore other strategies, such as lifetime gifting, irrevocable trusts, or charitable giving, which actually remove assets from your taxable estate.

2. Annual Gifting

You and your spouse can give up to $19,000 (2025) per person, per year to anyone without reducing your lifetime exemption. The annual gift limit tends to go up every year to account for inflation.

Example: you and your spouse have 2 children and 4 grandchildren. That’s 6 people × $19,000 × 2 spouses = $228,000/year.

Over 10 years:

  • $228,000 × 10 = $2.28 million removed from your estate
  • These gifts also shift appreciation out of your estate, compounding the benefit

If your estate is well below the estate tax exemption amount, annual gifting won’t make a difference for estate tax reduction purposes. You’ve just decided to help your children or others now, rather than after you’re dead.

Further, you’re free to give more than the gift tax limit a year if you wish. Technically, you’re supposed to file Form 709 if you do. However, I don’t think it matters if you’re way below the estate tax threshold.

3. Charitable Giving

Donating part of your estate to a charity can reduce your taxable estate and support causes you care about. Charitable remainder trusts can provide income for you and a benefit for your heirs, while reducing the tax burden.

Example: You set up a Donor Advised Fund and donate $100,000 a year to your children’s private school for 10 years. Not only do you help your school, you reduce your taxable estate by $1,000,000 and get a board seat. In turn, your children get a leg up in getting into the best high school and colleges.

4. Buy Life Insurance in an ILIT

Life insurance held inside an Irrevocable Life Insurance Trust (ILIT) can provide your heirs with liquidity to pay estate taxes — without the proceeds being taxed as part of your estate.

Example: Buy a $3 million life insurance policy inside an ILIT. The trust owns the policy and receives the payout tax-free when you die.

That $3 million death benefit can be used by your heirs to pay estate taxes, so they don’t have to sell assets.

Pro: Provides tax-free liquidity.

Con: You must give up control of the policy (but can fund premiums via gifting).

5. Charitable Remainder Trust (CRT)

Place appreciated assets into a CRT. You receive income for life, and when you die, the remainder goes to charity. You get a partial estate tax deduction now.

Example:

  • Donate $5M appreciated stock
  • You receive $200K/year income
  • Get a charitable deduction today (~$1.5–2M)
  • Avoid capital gains on sale of stock inside the trust
  • Reduces taxable estate by $5M

Pro: Gives you income, avoids capital gains, helps charity

Con: Your heirs don’t receive the donated asset

6. Family Limited Partnership (FLP)

Put assets into an FLP and gift minority interests to family members. Because these interests lack control and marketability, the IRS allows you to discount their value by 20–35%.

Example:

  • Move $20M into an FLP
  • Gift 40% interest to heirs
  • With a 30% discount, value is reported as $5.6M, not $8M
  • Reduces reported estate value significantly

Pro: Keeps control while reducing taxable estate

Con: IRS scrutinizes discounts — must be done carefully

7. Relocate To A Lower Tax State Or Country

Finally, you may want to consider relocating to a state with no state estate or inheritance tax before you die. There are over 30 such states. If you can successfully establish residency, your estate—and ultimately your heirs—could save millions of dollars in taxes.

Now, if you’re a multi-millionaire thinking about moving to another country to avoid estate taxes, keep in mind: there’s no escaping the federal estate tax if your estate exceeds the exemption threshold. Even if you’ve lived abroad for decades, as long as you’re a U.S. citizen, your entire worldwide estate remains subject to U.S. federal estate tax upon your death.

However, if you officially renounce your U.S. citizenship, the rules change. You’ll no longer owe U.S. estate tax on non-U.S. assets—only on U.S.-situs assets like real estate and U.S. stocks. But there’s a catch: if your net worth exceeds $2 million, or if you can’t certify five years of U.S. tax compliance, you’ll be classified as a “covered expatriate” and may be subject to an exit tax under IRC Section 877A.

This exit tax treats all your worldwide assets as if they were sold the day before you renounce, taxing any unrealized gains above a certain exemption.

Final Thoughts: The Step-Up in Basis Helps A Lot

If your estate is under the federal exemption, the step-up in basis remains a powerful tool that lets your heirs inherit appreciated assets tax-free. By holding onto your wealth until death, your heirs receive a stepped-up cost basis and can avoid capital gains taxes if they sell. In contrast, if you gift appreciated assets during your lifetime, the recipient inherits your original cost basis, potentially triggering significant capital gains taxes upon sale.

Once your estate exceeds the exemption threshold, the federal estate tax kicks in. Without proper planning, your heirs may even be forced to sell valuable assets just to cover the tax bill. The step-up helps, but it’s not a substitute for a thoughtful estate plan. Strategies like GRATs, ILITs, and charitable trusts can dramatically reduce or even eliminate your estate tax liability, but only if you start planning early.

Also keep in mind: not all assets get a step-up in basis. Pre-tax retirement accounts like IRAs and 401(k)s don’t qualify. Instead, your heirs will owe ordinary income tax when they withdraw the money—not capital gains.

Your best move? Talk to an experienced estate planning attorney. We have, and it made a world of difference for our peace of mind. The step-up may save your heirs from one tax, but the IRS is still waiting with another.

Readers, are you now less upset about your wealthy parents holding onto their assets instead of gifting them to you while they’re still alive—thanks to the step-up in cost basis? 

Free Financial Analysis Offer From Empower

If you have over $100,000 in investable assets—whether in savings, taxable accounts, 401(k)s, or IRAs—you can get a free financial check-up from an Empower financial professional by signing up here. It’s a no-obligation way to have a seasoned expert, who builds and analyzes portfolios for a living, review your finances. 

A fresh set of eyes could uncover hidden fees, inefficient allocations, or opportunities to optimize—giving you greater clarity and confidence in your financial plan.

The statement is provided to you by Financial Samurai (“Promoter”) who has entered into a written referral agreement with Empower Advisory Group, LLC (“EAG”). Click here to learn more.

Diversify Your Retirement Investments

Stocks and bonds are classic staples for retirement investing. However, I also suggest diversifying into real estate. It is an investment that combines the income stability of bonds with greater upside potential.

Consider Fundrise, a platform that allows you to 100% passively invest in residential and industrial real estate. With over $3 billion in private real estate assets under management, Fundrise focuses on properties in the Sunbelt region, where valuations are lower, and yields tend to be higher. Residential commercial real estate is attract. Meanwhile, the Fed is set to cut rates further.

In addition, you can invest in Fundrise Venture if you want exposure to private AI companies like OpenAI, Anthropic, Anduril, and Databricks. AI is revolutionizing the labor market, eliminating jobs, and significantly boosting productivity. We’re still in the early stages of the AI revolution. I’m investing for my children’s futures.

Fundrise investment amount by Financial Samurai, Sam Dogen. New $112,000 investment on June 20, 2025

I’ve personally invested over $400,000 with Fundrise, and they’ve been a trusted partner and long-time sponsor of Financial Samurai. With a $10 investment minimum, diversifying your portfolio has never been easier.

To increase your chances of achieving financial independence, join 60,000+ readers and subscribe to my free Financial Samurai newsletter here. Financial Samurai began in 2009 and is the leading independently-owned personal finance site today.

[ad_2]

]]>
http://livelaughlovedo.com/finance/the-step-up-in-cost-basis-and-the-estate-tax-threshold/feed/ 0
Americans get 'Big Beautiful Bill' tax cuts http://livelaughlovedo.com/finance/americans-get-big-beautiful-bill-tax-cuts/ http://livelaughlovedo.com/finance/americans-get-big-beautiful-bill-tax-cuts/#respond Mon, 07 Jul 2025 03:43:09 +0000 http://livelaughlovedo.com/2025/07/07/americans-get-big-beautiful-bill-tax-cuts/ [ad_1]

President Donald Trump has signed into law the One, Big Beautiful Act (OBBA), and for taxpayers in high-tax states like California and New York, it may offer long-awaited relief — at least for a few years.

The law temporarily raises the cap on the federal deduction for state and local taxes — known as the SALT deduction — from $10,000 to $40,000 beginning in 2026. 

💵💰Don’t miss the move: Subscribe to TheStreet’s free daily newsletter💰💵

The cap will increase slightly each year with inflation through 2029, reaching $41,616. Starting in 2030, however, the cap snaps back to $10,000 unless Congress takes further action.

Passage of the One Big Beautiful Bill Act means tax relief for millions of Americans.

Photo by Igor Omilaev on Unsplash

Why the State and Local Tax (SALT) deduction cap matters

The $10,000 SALT cap was introduced by the 2017 Tax Cuts and Jobs Act (TCJA), limiting the amount taxpayers could deduct for property taxes and state income or sales taxes. 

There was no cap prior to the TCJA. The restriction hit hardest in states with high property values and income taxes, reducing deductions for many upper-middle-class and affluent households.

Under the OBBA, taxpayers with modified adjusted gross income (MAGI) over $500,000 in 2025 will see the expanded deduction phased down. 

Specifically, their SALT deduction will be reduced by 30% of the amount by which their MAGI exceeds that threshold — but never below the original $10,000 limit. That $500,000 threshold will also be adjusted for inflation through 2029.

Congress debated SALT workarounds — then let them stand

Earlier versions of the OBBA included provisions to limit common SALT workarounds — such as state passthrough entity taxes (PTETs) — which business owners often use to sidestep the cap.

One proposal would have barred specified service trades or businesses (SSTBs) from deducting these taxes. Another would have capped the PTET deduction based on a formula tied to a taxpayer’s unused SALT limit.

But those measures didn’t make it into the final law.

Related: Social Security payment dates for July 2025: what you need to know

“The adopted version of the bill merely increases the SALT cap and does not attempt to limit or address the various workarounds,” wrote Alistair Nevius in the Journal of Accountancy. The American Institute of CPAs had pushed to preserve PTET usage — and, for now, they’ve succeeded.

Will more taxpayers itemize again?

It’s too early to say exactly how many taxpayers will benefit from the higher SALT cap. In 2017 — before the TCJA took effect — more than 46 million tax returns included itemized deductions, representing about 30% to 32% of all filers. 

But after the law nearly doubled the standard deduction and imposed the $10,000 SALT cap, the number of itemizers dropped sharply — down to roughly 17 to 18 million in 2018, and just 15 million by 2022. That’s fewer than 10% of all returns.

Related: Legendary fund manager has blunt message on ‘Big Beautiful Bill’

With the cap now temporarily rising to $40,000 and the standard deduction made permanent, that calculus may shift again. 

The number of taxpayers who choose to itemize is expected to increase — particularly those in high-cost states and those who make large charitable donations, both of whom are more likely to have deductible expenses that exceed the standard deduction threshold.

Permanent standard deduction boost — and a bonus for seniors

Alongside the SALT relief, the OBBA also makes the TCJA’s expanded standard deduction permanent. Starting in 2025, the new baseline amounts will be:

  • $15,750 for single filers
  • $23,625 for heads of household
  • $31,500 for married couples filing jointly

All adjusted annually for inflation beginning in 2026.

New deduction offers modest tax break for seniors — but comes with strings

Taxpayers age 65 and older will see a small but potentially meaningful benefit under the OBBA: a new, temporary $6,000 deduction aimed at easing their tax burden.

But before you count on pocketing that full amount, it’s important to understand the fine print.

Related: Young workers face stark Social Security reality

According to Kelly Phillips Erb, the managing shareholder of The Erb Law Firm — and widely known as the “Taxgirl” — this new provision is a deduction, not an exclusion, and not everyone will qualify.

“This is an age-based deduction,” Erb said in a recent Facebook post. “You don’t need to be receiving Social Security to claim it — you just need to be at least 65. That means if you’ve deferred your Social Security benefits to age 70, you’re still eligible.”

On the other hand, younger taxpayers who are receiving Social Security retirement benefits or are on Social Security Disability Insurance (SSDI) do not qualify unless they’ve reached age 65.

Key features of the senior deduction

Here’s how the new deduction works:

  • Amount: Up to $6,000 per person.
  • Eligibility: You must be 65 or older and have a valid Social Security number.
  • Income Phaseouts: The deduction begins to phase out at $150,000 for joint filers ($75,000 for all others) and disappears entirely once income reaches $350,000 for joint filers ($175,000 for others).
  • Refundability: It’s not refundable — meaning if your income is low enough that the deduction exceeds your tax liability, you don’t get money back.
  • Filing Status: Available whether or not you itemize.
  • Reporting Requirements: You must still report your Social Security income if you’re otherwise required to file.

And importantly, this deduction is temporary. It’s in effect for tax years 2025 through 2028 — unless extended by future legislation.

What It Doesn’t Do

Some confusion has already cropped up online, with questions about whether the new deduction eliminates taxes on Social Security benefits. The answer is no — at least not across the board.

“This doesn’t mean Social Security benefits are now tax-free for everyone,” Erb said. “According to the White House, before this deduction, about 64% of Social Security beneficiaries paid no tax on their benefits. With the new deduction, that number rises to 88%.”

So yes, more retirees will avoid taxes on their benefits — but high-income beneficiaries will still see some or all of their Social Security taxed.

Alongside changes to the SALT deduction, standard deduction, and the senior bonus deduction the One, Big Beautiful Act (OBBA) delivers several key updates to the tax code that will affect families, business owners, and estate planners for years to come.

Bigger — and indexed — child tax credit

Starting in 2025, the nonrefundable portion of the child tax credit increases to $2,200 per child and will be adjusted for inflation in future years. The law also makes permanent the refundable portion of the credit — currently $1,400 — and ensures that it, too, will rise with inflation.

Importantly, the income thresholds at which the credit begins to phase out remain unchanged: $200,000 for single filers and $400,000 for joint filers. Those levels, which had been temporarily increased under the 2017 Tax Cuts and Jobs Act, are now permanent.

In addition, the bill preserves the $500 nonrefundable credit for each qualifying dependent who isn’t a child — such as elderly parents or college-age children — giving some relief to so-called “sandwich generation” households caring for multiple generations.

Section 199A deduction made permanent — with a new floor

For small business owners and the self-employed, the law brings welcome news: The popular 20% qualified business income (QBI) deduction under Section 199A is now permanent.

While the House version of the bill would have raised the deduction to 23%, the final legislation retains the existing 20% rate. However, it does expand eligibility by increasing the income thresholds where the deduction begins to phase out for specified service trades or businesses (SSTBs), such as law, medicine, and financial services.

For non-joint filers, the phase-in threshold increases from $50,000 to $75,000. For joint filers, it rises from $100,000 to $150,000 — a meaningful change for those who were previously phased out too quickly.

In a further nod to Main Street businesses, the bill introduces a new inflation-adjusted minimum deduction of $400 for taxpayers with at least $1,000 in qualified business income from one or more active trades or businesses where they materially participate.

Estate and gift tax exemption doubles — permanently

For those concerned with legacy and estate planning, OBBA also delivers a major change. Starting in 2026, the estate and lifetime gift tax exemption will increase to $15 million for individuals — or $30 million for married couples filing jointly — and will be indexed for inflation in subsequent years.

That’s a significant shift from the current exemption levels, which are scheduled to revert to roughly $6 million per person in 2026 under the pre-TCJA rules. With this change, high-net-worth individuals have a much larger window to transfer wealth tax-efficiently — assuming the new exemption remains in place long-term.

Related: How the IRS taxes Social Security income in retirement

[ad_2]

]]>
http://livelaughlovedo.com/finance/americans-get-big-beautiful-bill-tax-cuts/feed/ 0