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Planning · Wealth Transfer & Gifting Cluster

Gifting and Wealth Transfer, in Plain English

Almost everything about gifting comes down to two allowances and one idea. The two allowances are the annual exclusion and the lifetime exemption; the idea is basis — the tax cost that rides along with an asset and decides whether it is better to give it away now or leave it at death. This page maps all three, with the 2026 figures cited to the IRS, and points to the detailed pages for each.

Two exclusions do most of the work

The federal gift and estate taxes are a single, unified system, and two exclusions keep the overwhelming majority of families out of it entirely. The annual exclusion lets you give a set amount to any number of people every year, with no tax and no return. The lifetime exemption shelters a very large cumulative total of gifts and bequests above the annual amount before any tax is due. Only transfers beyond both are taxed — which is why, for most people, “gift tax planning” is really about paperwork and basis, not about paying gift tax.

The 2026 numbers

These are the figures the IRS has set for calendar year 2026. Each is cited below; the detailed pages explain how each one works.

Allowance (2026)AmountAuthority
Annual gift-tax exclusion (per recipient)$19,000IRC § 2503(b); Rev. Proc. 2025-32
Annual exclusion for gifts to a non-citizen spouse$194,000IRC § 2523(i); Rev. Proc. 2025-32
Lifetime gift & estate tax exemption (per person)$15,000,000IRC § 2010(c)(3); P.L. 119-21
Generation-skipping transfer (GST) exemption$15,000,000IRC § 2631; Rev. Proc. 2025-32
Top federal gift/estate tax rate (above the exemption)40%IRC § 2001(c)

Sources: Internal Revenue Code sections as linked on the detailed pages; Rev. Proc. 2025-32 (2026 inflation adjustments); Public Law 119-21 (2025), which set the $15,000,000 basic exclusion; IRS, “What’s New — Estate and Gift Tax.” Figures are for 2026 and are re-verified on each annual adjustment.

The annual exclusion

For 2026 you can give up to $19,000 to each of any number of recipients without gift tax and without filing anything (IRC § 2503(b)). A married couple can combine their exclusions to give $38,000 to each recipient. There is also a separate, unlimited exclusion for tuition and medical expenses paid directly to the school or provider (§ 2503(e)) — a powerful and underused tool. The annual-exclusion page covers the present-interest requirement, gift-splitting, and the direct-payment exclusion in full.

Read: the annual gift-tax exclusion →

The lifetime exemption

Above the annual exclusion, gifts draw against a single lifetime exemption shared by the gift and estate taxes. For 2026 it is $15,000,000 per person, made permanent and indexed by the 2025 law (IRC § 2010(c); Public Law 119-21). A married couple who plan for portability can shelter up to $30,000,000. The lifetime-exemption page explains portability, the deceased-spousal unused exclusion, and why the old “clawback” concern no longer applies.

Read: the lifetime exemption in 2026 →

Basis: the quiet variable that changes everything

Here is the idea that most gifting advice buries. When you give an appreciated asset during life, the recipient takes your original cost basis (IRC § 1015) — and inherits all the unrealized capital gain with it. When you leave that same asset at death, its basis steps up to the date-of-death value (IRC § 1014), and the gain simply disappears for income-tax purposes.

The trap: for a family comfortably under the $15 million exclusion, giving away a low-basis, highly appreciated asset during life can create a capital-gains bill the family would never have owed if the asset had passed at death. There is no estate tax to save, and the step-up is thrown away. Basis, not the estate tax, is the variable that usually decides.

Read: step-up in basis →

Gifting vs. inheriting

Putting the exemptions and basis together answers the practical question families actually ask: should I give this now or leave it at death? For estates above the exclusion, gifting can move future appreciation out of the estate and genuinely save estate tax. For the many estates below it, the basis step-up usually wins, and the better move is often to hold the appreciated asset and let it pass at death. The gift-versus-inherit page works a clearly hypothetical example both ways. And a loan, rather than a gift, is sometimes the right tool entirely — see intra-family loans.

Read: gifting vs. inheriting → · Read: intra-family loans →

None of this is one-size-fits-all; the right answer depends on the size of the estate, the basis in each asset, and state law. If you want a professional to run your own numbers, our directory of estate-planning professionals lists people you can verify yourself.

Common questions

Do I owe gift tax when I give someone money?

Almost never. Gifts within the annual exclusion — $19,000 per recipient for 2026 — are not taxed and are not even reported. Gifts above that amount are reported on a gift-tax return (Form 709) but still are not taxed until your cumulative taxable gifts exceed the lifetime exemption, which is $15,000,000 per person for 2026. In practice the vast majority of people never pay gift tax; they simply file a return for larger gifts and draw down a lifetime exemption most estates never exhaust (IRC §§ 2503, 2010; Rev. Proc. 2025-32).

Is the person who receives a gift taxed on it?

No. A gift is excluded from the recipient's gross income (IRC § 102(a)). Gift tax, when it applies at all, is the giver's responsibility, not the recipient's. What the recipient does inherit is the giver's cost basis in the asset (IRC § 1015) — which is the whole reason gifting appreciated property during life can be worse for the family than leaving it at death.

Did the exemption drop in 2026?

No — the opposite. Under prior law the elevated exemption was scheduled to fall by roughly half after 2025. The 2025 legislation (Public Law 119-21) removed that sunset and set the basic exclusion at $15,000,000 per person for 2026, indexed for inflation going forward (IRC § 2010(c)(3); IRS, “What's New — Estate and Gift Tax”). The old worry about a scheduled decrease is now settled.

Sources & methodology

Methodology & sources

Every figure on this page is cited in place to a primary source: the Internal Revenue Code (hyperlinked to Cornell’s Legal Information Institute), Rev. Proc. 2025-32 for the 2026 inflation adjustments, Public Law 119-21 for the $15,000,000 basic exclusion, and the IRS’s own “What’s New — Estate and Gift Tax” summary. The 2026 figures — $19,000 annual exclusion, $194,000 non-citizen-spouse exclusion, $15,000,000 lifetime and GST exemptions — are re-verified on each annual adjustment. See our editorial standards.

This page is educational and is not legal or tax advice. Gift and estate planning turns on your own assets, basis, and state law; use this to understand the moving parts and to know what to ask a qualified advisor.

Last verified July 20, 2026.

Continue in the Wealth Transfer & Gifting cluster

Sourced · Cited · Free
IRC §2503 · §2513

The annual exclusion

The $19,000-per-recipient exclusion for 2026, the present-interest requirement, gift-splitting between spouses, the separate unlimited exclusion for tuition and medical bills paid directly, and the larger allowance for a non-citizen spouse — each cited to the statute and Rev. Proc. 2025-32.

Primary-source citedVerified July 20, 202616 min
IRC §2010 · P.L. 119-21

The lifetime exemption

For 2026 the basic exclusion is $15,000,000 per person, made permanent and indexed by the 2025 law. How the unified gift-and-estate exemption works, how portability lets a couple reach $30,000,000, and why the old 'clawback' worry is settled.

Primary-source citedVerified July 20, 202617 min
IRC §1014

Step-up in basis

Inherited assets take a new basis equal to their date-of-death value, erasing a lifetime of unrealized capital gain. How the step-up works, the community-property double step-up, what it doesn't reach (income in respect of a decedent), and why it can outweigh the estate tax.

Primary-source citedVerified July 20, 202615 min
IRC §1015 vs. §1014

Gifting vs. inheriting

Give an appreciated asset during life and your basis carries over to the recipient; leave it at death and the basis steps up. For most families under the $15 million exclusion, that single difference — carryover versus step-up — settles the question. A worked, clearly hypothetical comparison.

Primary-source citedVerified July 20, 202614 min
IRC §7872 · §1274(d)

Intra-family loans

A loan to a family member is not a gift — if it charges at least the applicable federal rate the IRS publishes each month. How the below-market-loan rules work, what happens if you charge too little, and where to find the current rate (rather than a figure that goes stale).

Primary-source citedVerified July 20, 202613 min

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