Tax Facts

868 / What are the minimum return requirements for determining whether an estate tax return must be filed?

Whether or not a return is required depends on the size of the gross estate (see Q 824), and possibly also on what kinds of gifts were made by the decedent during life. Generally, a return must be filed if the gross estate of a decedent who is a U.S. citizen or resident exceeds the estate tax unified credit equivalent ($5,000,000 for 2012-2017 and $10,000,000 for 2018-2025, as adjusted annually for inflation, the amount is $11.18 million in 2018, $11.4 million in 2019, $11.58 million in 2020, $11.7 million in 2021, $12.06 million in 2022, $12.92 million in 2023, $13.61 million in 2024 and $13.99 million in 2025).1 However, the exemption amount is reduced by the amount of taxable gifts (the value of the property given after subtracting allowable exclusions and deductions – see Q 892) made by the decedent after December 31, 1976, except gifts includable in the gross estate. Also, if the decedent made any gifts after September 8, 1976 and before January 1, 1977, the above amounts are further reduced by any amount allowed as a specific gift tax exemption (see Q 914) with respect to such gifts.2





1.    Rev. Proc. 2013-35, 2013-47 IRB 537, Rev. Proc. 2018-18, Rev. Proc. 2018-57, Rev. Proc. 2019-44, Rev. Proc. 2020-45, Rev. Proc. 2021-45, Rev. Proc. 2022-38, Rev. Proc. 2023-34, Rev. Proc. 2023-34, Rev. Proc. 2024-40.

2.    IRC § 6018(a).


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