A new law made the estate and gift tax exemption permanent at $15 million, letting most families pass a home or farm untaxed.

House overlooking a field with hay bales and trees

A tax law enacted last year has permanently reset how much wealth a family can pass down before the federal government takes a cut. Effective for estates and gifts in 2026, the exclusion climbs to $15 million per person, and unlike the version it replaced, the higher number carries no scheduled expiration date. For most households, including those anchored by a paid-off home or a working farm, the change removes federal estate tax from the picture entirely.

The $15 Million Basic Exclusion Amount for 2026

The Internal Revenue Service’s own estate and gift tax guidance confirms the new number: the basic exclusion amount for a person who dies in 2026 is $15,000,000, up from $13,990,000 for deaths in 2025. The increase traces to Public Law 119-21, the tax measure signed on July 4, 2025, which amended Section 2010(c)(3) of the tax code to set that figure rather than let the exclusion revert to an older, lower baseline.

Before the new law, the doubled exclusion that had applied since 2018 was written to expire at the end of 2025. Without action, a single filer’s exclusion would have fallen to roughly half of where it stood, pulling many mid-size estates, including ones built around a house, land, or a small business, back into taxable territory. Public Law 119-21 canceled that scheduled drop rather than merely delaying it, and the IRS’s own basic-exclusion-amount table now lists 2026 at $15,000,000 with no future reduction built in.


Free retirement updates: Miss an enrollment or claim deadline and it may be gone. Our free Retirement Shield newsletter keeps readers ahead of the ones that matter. Get the free newsletter.

Why Most Home and Farm Estates Fall Under the New Threshold

An estate only owes federal tax on the portion of its value above the exclusion amount, and only estates whose gross value, plus certain lifetime taxable gifts, exceeds the filing threshold are required to file Form 706, the United States Estate (and Generation-Skipping Transfer) Tax Return, at all. According to the IRS’s published filing-threshold table, that bar is now $15,000,000 for a death occurring in 2026, matching the exclusion amount. National median home values and typical farm real estate holdings sit well below that line, so a family passing down a primary residence, farmland, or a modest investment portfolio alongside it is unlikely to trigger any federal estate tax liability at all.

The IRS notes that “most relatively simple estates,” meaning cash, publicly traded securities, and easily valued property without special deductions, do not require an estate tax filing in the first place once they fall under the threshold. Farms and closely held businesses also carry separate valuation provisions that can lower a taxable estate further, on top of the exclusion itself, which is why agricultural groups had pushed hardest against letting the pre-2026 exclusion lapse.

For estates that do exceed the threshold, additional relief exists specifically for farms and closely held businesses. Section 2032A of the tax code lets an estate value qualifying farmland or ranch land at its actual use as a working farm rather than its higher fair-market value if it were sold for development, reducing the taxable estate by up to a statutory cap that is itself adjusted for inflation. A related provision, Section 6166, allows an estate built mostly around a closely held business to defer and spread out any estate tax that is owed over an extended multi-year installment schedule instead of paying it in one lump sum, easing pressure to sell land or a family operation quickly to cover a tax bill.

Portability and the $30 Million Married-Couple Shield

Married couples get a larger effective shield through a rule called portability. When one spouse dies without using the full exclusion, the estate can elect on a timely filed return to transfer the unused portion to the surviving spouse, who can then apply it against a future estate or lifetime gifts. Combined with the new $15,000,000 figure, that portability election lets a married couple shelter up to $30,000,000 in combined assets from federal estate tax, according to the Congressional Research Service’s overview of how the exclusion and portability interact.

That election is not automatic. The surviving spouse’s estate benefits only if the first spouse’s executor files an estate tax return and makes the portability election, even in cases where filing would not otherwise have been required because the estate fell under the threshold. Skipping that filing after the first death can permanently forfeit the unused exclusion.

How the Exclusion Reached $15 Million

The $15 million figure is the product of two decades of legislative change, not a single jump. The exclusion stood at $5,000,000 in 2011 and rose only with routine inflation adjustments through 2017, when it reached $5,490,000. The Tax Cuts and Jobs Act of 2017 then doubled the exclusion for 2018 through 2025, pushing it to $11,180,000 in 2018 and, after continued inflation adjustments, to $13,990,000 by 2025, according to the IRS’s own year-by-year table.

That scheduled doubling was written into law with an expiration: absent further action, it would have expired after 2025, cutting the exclusion back toward roughly $7,000,000 per person for 2026 and after. Public Law 119-21 intervened before that lapse took effect, setting $15,000,000 as the new permanent baseline for 2026 rather than allowing any reduction, which is why the current law represents a bigger jump than a typical annual inflation adjustment would produce.

Inflation Indexing and the End of the Sunset Cliff

Because Public Law 119-21 wrote the $15,000,000 figure into the tax code as a permanent baseline rather than a temporary extension, it does not carry a future expiration the way the 2018 through 2025 exclusion did. Inflation adjustments to the exclusion amount are set to resume beginning in 2027, using the new baseline as the starting point, so the number is expected to rise gradually in future years rather than jump or reset. The annual per-recipient gift tax exclusion, a separate figure from the estate exclusion, remains $19,000 for 2026, unchanged from 2025.

The IRS’s published exclusion tables now show an unbroken climb from $5,000,000 in 2011 to $15,000,000 in 2026 with no year listed as reverting downward, a structural signal that the earlier scheduled decline has been fully removed from current law rather than postponed to a later Congress.

This article was produced with AI assistance and reviewed by The Financial Wire editorial team.

More Financial Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

Social Security and Medicare change every year, and nobody sends you a memo. Get the free newsletter.

Free from Retirement Shield. Unsubscribe anytime. We never ask for money.