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Now or Later: How to Weigh Giving During Life vs. Giving Through Your Will

Admin • Apr 12, 2024

You’ve worked hard to build wealth and hope to leave a legacy for family or friends after your death. But what if you could see those loved ones benefit from your resources while you are still alive? Let’s explore the possibilities and tax details around gifting your money or assets before you pass away. 

The Benefits of Giving

Most of us have been told at some point in our lives that “‘tis better to give than to receive.” In recent decades, several studies have explored what happens in your brain when you give a gift. 

In one study , experimenters found that happiness increased more when subjects were instructed to spend money on others than when instructed to spend on themselves. Psychologists have been able to confirm that there is indeed a neurological benefit to giving gifts.

In addition to this neurological boost, one reason you may want to give gifts during your life is to watch the benefit of your gift play out. Once your retirement and medical expenses are provided for, you stand to benefit more emotionally by giving during your lifetime.

Imagine the ability to choose how to apply your gifts. Maybe you want to share a love of travel with a family member and can enable them to take a trip they couldn’t otherwise afford. You’ll be able to hear their stories and see their pictures (or even take the trip with them) and enrich both your life and theirs through your gift.

Or if you are passionate about education, you might be able to ease the burden pursuing a higher degree often brings. Instead of watching your child or grandchild struggle to balance paid work and coursework, you could give them the gift of stability during a time of transition and changing circumstances. 

You could also give a gift that funds the start-up costs of a small business or the down payment on a home. In any of these circumstances, the joy is ongoing as you see the effects of your gift play out immediately and as time goes on.

Rules on Gifting Money to Family and Others

If giving during your life appeals to you, you may have wondered how much money can you gift tax-free. Below are some of the restrictions surrounding timing and amounts to help you plan.

  • Annual Exclusion Amounts: For 2024, the IRS has set the annual exclusion amount for gift taxes at $18,000 , meaning you do not need to report any gifts up to $18,000 for any individual donee.

This rate is from one individual to another, so if you are married, you and your spouse could each gift the same individual $18,000 for a total of $36,000 for that year. If you’re interested in gifting money to adult children or grandchildren, this type of gift allows you to give money without any party having to pay taxes on the gift. 

*If you exceed the annual exclusion amount in gifts to a single donee (whether cash or fair market value for assets such as stocks, real estate, or other property), you do need to report the gift to the IRS using Form 709 .

  • Lifetime Exclusion Amounts: In addition to the annual exclusion amount for gift taxes, you’ll also want to be aware of the lifetime exclusion amount. In 2024, the individual exclusion limit is $13.61 million per individual (again, doubled for married couples). This amount is scheduled to drop back to $5 million after 2025, so plan accordingly. 

Unlike the annual gift exclusion, the lifetime exclusion is tied to the donor, not the donee. If you decided to gift two adult children $68,000 each this year, each child would exceed the annual gift exclusion amount by $20,000, bringing your lifetime exclusion amount down to $13.51 million. You will only begin paying taxes on gifts after you have given more than $13.61 million cumulatively over the annual exclusions, including the value of your estate upon your passing. The gift tax rate varies depending on the value of the gift over the exclusion amount.

Charitable Giving 

Gifts to charities are considered donations under the tax code rather than gifts. They fall into a separate category and may be tax deductible, unlike personal gifts that will not affect your taxable income rates. This is different than donating to political parties, so if you are considering a large gift to an organization, you will want to look into their tax exemption status. 

How Lifetime Giving Fits into Estate Planning

As you plan to allocate your estate after your passing, consider the lifetime exclusion limit. This limit sets the cap on both lifetime gifts and inheritance gifts. With the cap set to drop to $5 million in 2026 , savvy investors will take stock of their total assets, including real estate, investment portfolios, and valuable property such as artwork or antiques. If the value of your total estate exceeds $5 million, it might make sense to set up a plan for lifetime giving to bring your estate’s worth under the tax-triggering amount.

These limits are for the IRS and federal taxes, but several states also levy inheritance taxes that you will need to consider. Additionally, it’s important to remember that tax rates change over time. Just because a tax rate is low now doesn’t mean it will always be, and there is no guarantee that annual exemption rates will remain high. 

Unlock the Future of Your Legacy with Five Pines Wealth Management

The team at Five Pines Wealth Management believes estate planning is more than just a financial strategy, it’s a powerful tool for shaping your legacy. We’re ready to help guide you through the complexity of gift planning to ensure every gift maximizes your happiness while minimizing your tax burden.

With our expertise in federal and state taxes, we tailor a customized plan that aligns with your unique circumstances. By scheduling a meeting with us, you’re taking the first step toward your future and the future of your loved ones. We can’t wait to connect with you!

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