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2028 Estate and Gift Tax — Planning Scenarios

Distinguish annual gifts, lifetime exemption use and estate tax before interpreting a projected exclusion.

Illustrative planning scenarioChecked Sep 27, 2026 · Sources and assumptions
Per-person lifetime exclusion scenario~$15,910,000

The 2028 exclusion is not final. Applying 3% annually to the confirmed $15,000,000 2026 baseline and rounding to $10,000 gives a $15,910,000 scenario. The annual gift exclusion is a separate $20,000 scenario.

Filing in 2028? That generally concerns 2027 income. This 2028 tax-year reference generally concerns returns filed in 2029.

Two exclusions with different purposes

Confirmed baseline and illustrative 2028 planning amounts
Item2026 confirmed baseline2028 illustrative scenario
Estate / gift lifetime exclusion$15,000,000~$15,910,000
Annual gift exclusion$19,000~$20,000

The annual exclusion generally applies per donor, per recipient, per calendar year to qualifying present-interest gifts. The lifetime exclusion is shared by taxable gifts and the taxable estate. Giving above the annual exclusion can create a reporting obligation without producing immediate gift tax, depending on remaining lifetime exclusion.

Worked example: a gift above the annual exclusion

Suppose one donor makes a $50,000 qualifying cash gift to one recipient in 2028. Under the $20,000 annual-exclusion scenario, $30,000 exceeds the annual amount. Assuming no other exclusion applies, that excess would generally be reported and would use lifetime exclusion before gift tax becomes payable.

This example assumes one donor, one recipient and no previous gifts during the year. A married couple considering gift splitting must follow the consent and return rules. Tuition paid directly to a qualifying school and medical expenses paid directly to the provider can have different treatment from giving cash to the beneficiary.

A couple’s exclusion is not automatically doubled

Twice the illustrative per-person amount is $31,820,000, but that arithmetic is not a guarantee of a surviving spouse’s exclusion. Portability of a deceased spouse’s unused exclusion generally requires an estate-tax return election and depends on the applicable rules. Prior taxable gifts reduce what remains available.

Generation-skipping transfer tax has its own exemption and allocation rules; portability does not work the same way. State estate or inheritance taxes can apply at much lower amounts than the federal exclusion. A federal planning page cannot establish a household’s state tax exposure or trust allocation strategy.

Review actual balances and enacted law

The current federal framework established a $15 million 2026 basic exclusion with subsequent inflation adjustments. This page models that framework; it does not assume a new legislative sunset or promise that future Congresses will leave it unchanged. The IRS release for 2028 controls the final indexed amount.

Before an irrevocable gift, reconcile earlier taxable gifts, ownership, valuation, basis and liquidity with qualified advisers. A transfer can save estate tax while creating other income-tax consequences for recipients. The scenario is most useful for identifying which records and decisions deserve review, not for treating the projected ceiling as an available balance.

Method, assumptions and release timing

The 3% annual assumption is an illustrative planning shortcut, not an inflation forecast or a confidence interval. It compounds directly from the latest confirmed baseline, then rounds once. Official indexing uses statutory base amounts, prescribed index windows and rounding rules; final agency figures can differ. Lifetime exclusion rounds to $10,000 and annual gift exclusion to $1,000. Prior taxable gifts and portability are not assumed away.

IRS 2028 inflation adjustments are expected in October–November 2027; timing is based on the usual annual cycle, not an announced release date.

Primary sources: 2026 tax baselines — Rev. Proc. 2025-32 · Estate tax return instructions and portability Source checked Sep 27, 2026; verified Sep 27, 2026.

Frequently asked questions

Does a gift above the annual exclusion automatically create tax?

Not necessarily. It can require a gift-tax return and use part of the donor’s remaining lifetime exclusion. Prior gifts and the type of transfer matter.

Can spouses always use twice the exclusion?

No. Ownership, prior gifts and portability requirements matter. A simple doubled amount is not a determination of the survivor’s available exclusion.

Does the federal exclusion remove state estate tax?

No. State estate and inheritance taxes have separate rules and may apply at lower amounts.

Can I use these estimates to file or set a contribution limit?

No. These tables illustrate planning assumptions. Use the final agency publication and the rules for the applicable year before filing, funding an account or changing payroll. A linked calculator may use a different year.

Explore a related calculator

Income tax planning calculator. Check the calculator’s supported year and assumptions; it may use a different year from this planning reference.

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Reviewed methodology

How this page is reviewed

YMYL · Last verified 2026-09-27

See methodology, assumptions & sources
Risk tierYMYL
AuthorCalculover Editorial Team Reference education
Editorial ownerCalculover Editorial Annual reference methodology owner
ReviewerCalculover Editorial Review Primary-source and limitation review
StatusIllustrative planning scenario
Source as of2026-09-27
Last reviewed2026-09-27
Last verified2026-09-27
Next review date2026-11-15
Expected releaseIRS 2028 inflation adjustments are expected in October–November 2027; timing is based on the usual annual cycle, not an announced release date.
Projection methodThe 3% annual assumption is an illustrative planning shortcut, not an inflation forecast or a confidence interval. It compounds directly from the latest confirmed baseline, then rounds once. Official indexing uses statutory base amounts, prescribed index windows and rounding rules; final agency figures can differ. Lifetime exclusion rounds to $10,000 and annual gift exclusion to $1,000. Prior taxable gifts and portability are not assumed away.
Data effective date2028-01-01

Methodology

The 3% annual assumption is an illustrative planning shortcut, not an inflation forecast or a confidence interval. It compounds directly from the latest confirmed baseline, then rounds once. Official indexing uses statutory base amounts, prescribed index windows and rounding rules; final agency figures can differ. Lifetime exclusion rounds to $10,000 and annual gift exclusion to $1,000. Prior taxable gifts and portability are not assumed away.

Assumptions

  • Confirmed baselines, editorial planning scenarios and official agency estimates are separately labeled.
  • Sources were actually reviewed on the recorded verification date; final releases supersede provisional figures.

Limitations

  • The 3% shortcut does not reproduce statutory indexing or predict final agency amounts.
  • Eligibility, filing status and plan rules can change a household’s applicable amount.

Sources

Professional guidance: Educational planning reference, not tax, legal, investment or benefits advice. Verify final agency figures and personal eligibility before filing or funding an account.