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Tax

Gift Tax vs Estate Tax

Compare gift and estate tax — two halves of the same wealth-transfer tax system.

Overview

Federal gift tax applies to transfers during life; estate tax applies to transfers at death. They share a unified lifetime exemption ($13.99M per person in 2025). Most people will never pay either, but the rules govern how to move money across generations efficiently.

Feature
Gift Tax
Estate Tax
When It Applies
During the donor's life
At death
Annual Exclusion (2025)
$19,000 per recipient per year, gift-tax-free
N/A
Lifetime Exemption (2025)
Shared with estate — $13.99M
Shared with gift — $13.99M
Top Rate
40%
40%
Step-Up in Basis
No — recipient inherits original basis
Yes — basis steps up to FMV at death
Reporting Requirement
Form 709 if over annual exclusion
Form 706 if estate > exemption
Strategic Priority
Use annual exclusion every year
Plan around exemption sunset

Choose Gift Tax when...

Plan around gift tax during life — use annual exclusions, fund 529s, gift appreciating assets to lock in lower current values.

Choose Estate Tax when...

Plan around estate tax at death — use lifetime exemption strategically, take advantage of step-up in basis, and structure trusts for high-net-worth estates.

Our Verdict

For most families, neither tax will apply — current exemptions are very high. But the 2017 tax law's elevated exemption sunsets after 2025 to roughly half its current level, making 2025 a critical planning year for high-net-worth families. The annual exclusion ($19K per recipient in 2025) is a no-brainer way to move wealth out of an estate without using lifetime exemption.

Frequently Asked Questions

What is the difference between Gift Tax and Estate Tax?

Federal gift tax applies to transfers during life; estate tax applies to transfers at death. They share a unified lifetime exemption ($13.99M per person in 2025). Most people will never pay either, but the rules govern how to move money across generations efficiently.

When should I choose Gift Tax over Estate Tax?

Plan around gift tax during life — use annual exclusions, fund 529s, gift appreciating assets to lock in lower current values.

When should I choose Estate Tax over Gift Tax?

Plan around estate tax at death — use lifetime exemption strategically, take advantage of step-up in basis, and structure trusts for high-net-worth estates.

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