In 2025, the annual gift tax exclusion amount has been updated, providing individuals with a strategic opportunity to minimize their taxable estate through gifts to an Irrevocable Life Insurance Trust (ILIT), Intentionally Defective Grantor Trust (IDGT) or other Irrevocable Trust (IRT). This approach not only reduces the size of an individual or couple’s estate but also enhances financial security and asset protection for the trust beneficiaries.
Purpose of the Annual Gift Tax Exclusion:
The annual gift tax exclusion allows an individual to give a certain amount of money or assets to another person without incurring federal gift tax or using any of their lifetime estate and gift tax exemption. For 2025, this amount is $19,000 per recipient (this is up from $18,000 per recipient in 2024). Utilizing the annual gift tax exclusion can strategically lower your taxable estate over time.
Benefits of Gifting to an Irrevocable Life Insurance Trust (ILIT):
- Estate Tax Reduction: Assets transferred to an ILIT are removed from the trust Grantor's estate, potentially reducing estate taxes upon their death. The ILIT owns a life insurance policy on the grantor's life, and the death benefits are generally not included in the estate as they funded to the ILIT trust upon the Grantor’s death.
- Asset Protection: The assets within the ILIT, including the death benefits, can be protected from creditors and legal judgments against the beneficiaries, ensuring that the funds reach the intended parties. Careful drafting to ensure this result is necessary.
- Control Over Disbursements: The trust Grantor(s) can set specific terms within the ILIT for how the insurance proceeds will be distributed (or retained in further trust), allowing for controlled disbursements to beneficiaries over time. The trust can also be drafted with language allowing for the later swap of cash in the ILIT for assets within the Grantor’s taxable estate for liquidity to pay estate taxes.
Benefits of Gifting to an Intentionally Defective Grantor Trust (IDGT):
- Valuation Discounts: Certain assets transferred to an IDGT may be entitled to a discounted value when reporting the gift to the IRS. Some examples are closely held business interests such as LLCs, Limited Partnership Interests or corporations. Two types of discounts often associated with this strategy are lack of control and lack of marketability discounts regarding the reported value of the transferred interest.
- Asset Protection: Like the ILIT, assets transferred to an IDGT are protected from the beneficiaries' creditors and legal disputes, safeguarding the assets for future generations.
- Freeze Estate Value: IDGTs are effective for transferring appreciating assets such as real estate or business interests out of the Grantor's estate. This allows for the “freezing” the value so that future appreciation is captured outside the Grantor’s estate.
- Estate Burn: An IDGT is structured so that the income and capital gains taxes on the trust assets are paid by the Grantor during their lifetime, allowing the assets within the trust to grow income tax-free, which can be more efficient for wealth transfer. The payment of the income taxes by the Grantor is not considered a further gift by the Grantor to the trust beneficiaries, which is a valuable tax advantage.
Implementing These Strategies:
To implement either of these strategies, you should work with an estate planning attorney with advanced skills in estate and gift tax issues to establish an ILIT or IDGT. Once the trust is in place, the trust Grantor can use the annual gift tax exclusion to fund the trust (in 2025, $19,000 per beneficiary of the trust; $18,000 per beneficiary if the trust is established and funded in 2024). For an ILIT, this often involves making cash gifts to the trust, which then allows the Trustee of the ILIT to pay the premiums on the life insurance policy. For an IDGT, the trust Grantor might gift appreciating assets such as interests in a limited partnership to the trust or sell them to the trust in exchange for a promissory note.
Using the 2025 annual gift tax exclusion to fund an ILIT or IDGT provides a dual benefit of reducing your taxable estate and protecting the transferred assets for your family or other beneficiaries. This strategy not only ensures that more of the estate ultimately benefits your beneficiaries but also shields the assets from potential external threats/claims. Engaging with an estate planning attorney with advanced planning skills can provide the necessary guidance to tailor this approach to your financial circumstances and goals.
If you, a friend, or family member need help establishing or updating an estate plan, please reach out to our Intake Department at 760-448-2220 or at https://www.geigerlawoffice.com/contact.cfm. We have offices in San Diego County (Carlsbad) and Orange County (Laguna Niguel), but we assist can families throughout California as well.
