Estate spousal portability

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  • mactoolsix
    Senior Member
    • Apr 2009
    • 544

    #1

    Estate spousal portability

    Did the TCJA allow for an increase in the portability amount of a spouse that died prior to 2017?

    Wife passed in 2011, and a 706 was filed to preserve the portability of the exclusion which was $5Mil. Now with estate tax exclusion over $11Mil, does the previously DSUE which was ported to the spouse increase?
  • TAXNJ
    Senior Member
    • Jan 2007
    • 2106

    #2
    Does this....

    Originally posted by mactoolsix
    Did the TCJA allow for an increase in the portability amount of a spouse that died prior to 2017?

    Wife passed in 2011, and a 706 was filed to preserve the portability of the exclusion which was $5Mil. Now with estate tax exclusion over $11Mil, does the previously DSUE which was ported to the spouse increase?
    help?

    Always cite your source for support to defend your opinion

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    • TaxGuyBill
      Senior Member
      • Oct 2013
      • 2322

      #3
      Originally posted by mactoolsix
      Did the TCJA allow for an increase in the portability amount of a spouse that died prior to 2017?

      Wife passed in 2011, and a 706 was filed to preserve the portability of the exclusion which was $5Mil. Now with estate tax exclusion over $11Mil, does the previously DSUE which was ported to the spouse increase?

      I don't think so. The $10 million amount did not begin until January 1st, 2018, so anybody dying before that gets the $5+ million amount.

      Only the unused amount is 'ported' to the spouse. In 2017, that full qualifying amount is only $5+ million, so only the unused amount (out of $5+ million) can be carried to the spouse.

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