50 States + D.C. coverage 2026 $15M federal exemption Statute-cited figures Updated 2026

2027 Federal Estate Tax Exemption

What is already settled for 2027, what the IRS has not published yet, and how much federal tax moves across the plausible range of indexed exemption amounts.

Short answer: the $15,000,000 per-person exemption ($30,000,000 married with portability) is confirmed for 2026 and permanent under OBBBA. The 2027 figure is not published yet — 2027 is the first inflation-indexed year, and the IRS sets the indexed amount in its annual revenue procedure, historically released in the autumn of the preceding year. Published third-party planning estimates run roughly $15,300,000 to $15,500,000 per person. Retrieved 2026-09-24.

2027 line items: settled vs. pending

Rows marked pending are indexed amounts the IRS has not yet released. Nothing in this table is projected as if it were official.

Item2026 (confirmed)2027Note
Basic exclusion amount (per person)$15,000,000Not yet publishedOBBBA (Pub. L. 119-21) set $15,000,000 for 2026 and made it permanent. 2027 is the first year the amount is adjusted for inflation, using 2025 as the base year.
Married couple with portability (DSUE)$30,000,000Not yet publishedTwice the basic exclusion when a timely portability election is made on the deceased spouse's return. Indexes with the basic exclusion amount.
GST tax exemption$15,000,000Not yet publishedMatches the estate and gift basic exclusion under OBBBA. Unlike the estate exemption, the GST exemption is NOT portable between spouses.
Annual gift tax exclusion$19,000 per recipientNot yet publishedIndexed separately under IRC § 2503(b) and announced in the same autumn revenue procedure. Third-party planning commentary expects it to hold at $19,000, but that is an expectation, not a released figure.
Gift to a non-citizen spouse$194,000Not yet publishedThe § 2523(i) annual exclusion for gifts to a non-U.S.-citizen spouse, indexed annually.
Top federal estate tax rate40%40%Fixed by statute (IRC § 2001(c)) and not indexed. OBBBA did not change the rate, and no rate change is scheduled for 2027.
Marital deduction (U.S.-citizen spouse)UnlimitedUnlimitedUnlimited for transfers to a U.S.-citizen spouse. Not indexed and not affected by OBBBA.
Portability of a deceased spouse's unused exclusionAvailableAvailableRetained by OBBBA. Requires a timely estate tax return electing DSUE — Rev. Proc. 2022-32 provides relief for late elections.

How the 2027 index works

OBBBA permanently set the basic exclusion at $15,000,000 per person for 2026 and made it inflation-indexed beginning in 2027, using 2025 as the base year. The IRS applies the statutory cost-of-living adjustment and publishes the resulting figure in its annual inflation-adjustment revenue procedure — the same release that sets the annual gift exclusion, the § 2523(i) non-citizen-spouse amount, and the Form 706 filing threshold.

The practical consequence is that the 2027 filing threshold, the annual gift exclusion, and the generation-skipping transfer exemption all move together in that single release. Planning done before it lands should be stress-tested against a range rather than a point estimate.

Federal tax at 2026 law vs. the estimated 2027 range

Federal estate tax below is computed with the IRC § 2001 graduated brackets applied to the amount above the exemption, for a single decedent with no prior taxable gifts and no portability. The $15,000,000 column uses the confirmed 2026 figure; the remaining columns use third-party planning estimates and are illustrative only.

Gross estate2026 law — $15,000,000Estimate low — $15,300,000 *Estimate midpoint — $15,400,000 *Estimate high — $15,500,000 *
$16,000,000$345,800$229,800$192,800$155,800
$18,000,000$1,145,800$1,025,800$985,800$945,800
$20,000,000$1,945,800$1,825,800$1,785,800$1,745,800
$25,000,000$3,945,800$3,825,800$3,785,800$3,745,800
$30,000,000$5,945,800$5,825,800$5,785,800$5,745,800

* Estimate columns use the published third-party range ($15,300,000$15,500,000), not an IRS figure. These are third-party planning estimates, not IRS figures. The IRS confirms the 2027 basic exclusion amount in its annual inflation-adjustment revenue procedure, historically released in the autumn of the preceding year. Each $100,000 of additional exemption is worth up to $40,000 in federal tax at the top rate.

Planning implications

  • There is no cliff to race. The exemption is permanent and rising with inflation rather than scheduled to drop, so the old “use it or lose it” pressure before a sunset no longer applies.
  • State taxes usually bind first. Roughly a dozen states and the District of Columbia levy their own estate or inheritance tax, several with thresholds near $1,000,000$2,000,000 — far below the federal line. Check the state estate tax page before optimizing for the federal number.
  • Portability is still an election, not an automatic right. A surviving spouse must file a timely Form 706 to capture a deceased spouse's unused exclusion; Rev. Proc. 2022-32 offers relief for late elections.
  • The GST exemption does not port. It matches the estate exclusion in amount but cannot be transferred to a surviving spouse, so generation-skipping structures need their own allocation.
  • Gifting capacity is indexed too. The annual gift exclusion ($19,000 per recipient in 2026; $194,000 for a non-citizen spouse) moves in the same autumn release as the basic exclusion.

Sources

Last updated: 2026-09-24.

All figures retrieved 2026-09-24. This page is updated when the IRS publishes the 2027 inflation adjustments.

Frequently asked questions

What is the federal estate tax exemption for 2027?
The IRS has not published it yet as of 2026-09-24. What is settled: the 2026 exclusion is $15,000,000 per person ($30,000,000 for a married couple using portability), made permanent by OBBBA. 2027 is the first year that amount is adjusted for inflation, and the IRS releases the indexed figure in its annual inflation-adjustment revenue procedure, historically in the autumn of the preceding year.
Is the 2027 exemption going up?
It can only go up in nominal terms if the statutory cost-of-living adjustment is positive, because OBBBA made the $15M base permanent rather than letting it sunset to roughly $7M. Third-party planning commentary has floated a range of about $15.3M to $15.5M per person, but that is an outside estimate — treat it as a planning assumption until the IRS publishes the number.
Does the estate tax exemption sunset in 2027?
No. That was the old TCJA rule, and it was repealed. OBBBA (Pub. L. 119-21, July 2025) permanently set the basic exclusion at $15,000,000 per person with inflation indexing from 2027. There is no sunset provision.
What 2027 federal numbers are already settled?
The top estate and gift tax rate stays at 40% (IRC § 2001(c)); the marital deduction for a U.S.-citizen spouse stays unlimited; and portability of a deceased spouse's unused exclusion remains available. Those three do not index and OBBBA did not change them. Everything that indexes — the basic exclusion, the GST exemption, the annual gift exclusion, and the § 2523(i) non-citizen-spouse amount — is pending IRS publication.
Should I wait for the IRS figure before making gifts?
For most people, yes. Because the exemption is now permanent and indexed rather than set to drop, there is no year-end cliff to race. Locking in large gifts before the indexed figure is published generally sacrifices flexibility for no tax benefit. Estates already near or above the exemption, or those facing a state estate tax with a far lower threshold, should model both the 2026 figure and a conservative 2027 estimate first.

Model the numbers yourself

Run the 2026 confirmed figures through the calculators, or check the state-level thresholds that usually bind first.

Federal Estate Tax Calculator 2026
Exact IRC § 2001 brackets with the confirmed $15M exemption and portability.
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Estate Tax Simulator
Model growth, gifting and exemption use over time.
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Gift Tax Calculator
Annual exclusion, lifetime use, and gift-splitting.
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State Estate & Inheritance Tax
Thresholds far below the federal line in many states.
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Portability Late Election
Rev. Proc. 2022-32 relief for a missed DSUE election.
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Not legal or tax advice. Estate and inheritance tax is determined by a court or tax authority using your actual filings. Online estimators provide an informal planning figure only. Laws and exemption amounts change every year — always confirm the current rule with the IRS, your state Department of Revenue, or a licensed estate attorney or CPA before relying on any number.

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