If the enhanced gift and estate tax exemption has not been legislatively extended, November 2025 is the final planning window to lock in the current $13.99 million per person exemption before it drops to approximately $7 million on January 1, 2026. For high-net-worth individuals and families, this is an estate planning emergency—the difference between the current and reverted exemption levels represents nearly $7 million in additional wealth that can be transferred tax-free, worth approximately $2.8 million in estate tax savings per person at the 40% rate.
Spousal Lifetime Access Trusts (SLATs)
The SLAT has been the most popular planning vehicle for married couples seeking to use their exemptions before the sunset. Each spouse creates an irrevocable trust for the benefit of the other spouse (and typically the couple's descendants). The gift to the trust uses the donor spouse's gift tax exemption, removing the assets from the donor's taxable estate. The beneficiary spouse can receive distributions from the trust during their lifetime, providing continued access to the transferred wealth.[1]
The reciprocal trust doctrine is the primary risk with SLATs—if both spouses create substantially identical trusts for each other, the IRS may argue that the trusts should be collapsed and treated as if each spouse retained their own assets. To mitigate this risk, the trusts should differ in meaningful ways: different trustees, different distribution standards, different investment provisions, or different remainder beneficiaries.
Irrevocable Life Insurance Trusts
An irrevocable life insurance trust (ILIT) funded with the excess exemption is another powerful strategy. The grantor transfers cash to the ILIT using the gift tax exemption, and the trustee purchases life insurance on the grantor's life. The death benefit—which can be several multiples of the premium amount—is excluded from the grantor's taxable estate. For grantors who are insurable, this leverage effect can multiply the value of the exemption several times over.[2]
Completed Gift Requirements
For a gift to use the 2025 exemption, it must be a completed gift before December 31, 2025. This means the donor must irrevocably part with dominion and control over the transferred property. Transfers to irrevocable trusts where the grantor retains certain powers (such as the power to change beneficiaries) may not qualify as completed gifts. The documentation—trust agreements, deeds, assignment documents, and gift tax returns—must all be properly executed before year-end.[3]
Valuation and Timing
Business owners transferring interests in closely held entities should engage qualified appraisers well in advance of December 31. Appraisals take time, and a rush appraisal may not withstand IRS scrutiny. The value of the transferred interest as of the date of gift determines the amount of exemption used, so favorable valuation—including discounts for lack of control and lack of marketability—can maximize the amount of wealth transferred within the available exemption.[4]
The anti-clawback regulations provide comfort that gifts made using the enhanced exemption will not be retroactively subjected to estate tax after the exemption decreases. This means there is no risk that using the current higher exemption will backfire if the exemption drops. The only risk is failing to act before the deadline. Individuals who have not yet consulted with an estate planning attorney should do so immediately.[5]