Estate spousal portability

[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?

[TAXNJ]

Does this....

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?

http://web20.nixonpeabody.com/trusts/Lists/Posts/Post.aspx?ID=254

[TaxGuyBill]

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.

https://www.law.cornell.edu/uscode/text/26/2010