by Chris SwiecickiUnderstanding the Annual Gift Tax Exclusion in 2025
This article is a “plain English” draft of an article for the Bar Association of Metropolitan St. Louis. Please reach out if you would like the full copy.
In our last article, we explored anticipated tax law changes for 2025. This time, we’re focusing on a powerful estate planning tool: the annual gift tax exclusion. Used wisely, it can significantly reduce your taxable estate.
What Is the Gift Tax?
The federal gift tax, governed by Section 2501 of the Internal Revenue Code, applies to transfers of property made without receiving something of equal value in return. It covers direct and indirect gifts—whether the asset is real estate, cash, stocks, or other property.
What Is the Annual Gift Tax Exclusion?
To avoid tracking every small gift, Congress created an annual exclusion. For 2025, that amount is $19,000 per recipient, up from $18,000 in 2024.
That means you can gift $19,000 to as many individuals as you’d like—without filing a gift tax return or dipping into your lifetime exemption. Married couples can double that and give $38,000 per recipient, per year.
Example: A couple with three children can gift a total of $114,000 annually ($38,000 x 3), tax-free. Over five years, that’s $570,000 moved out of their estate.
Making Exclusion Gifts Through a Trust: Future vs. Present Interest
Using a trust can enhance your gift strategy—if done correctly. But not all trust gifts qualify for the annual exclusion.
Gifts must be of a present interest—meaning the recipient can use or enjoy the gift immediately. This was clarified in several court cases.
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In Pelzer, the court ruled that gifts made to a trust without immediate access didn’t qualify.
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But in Estate of Cristofani, things changed. The decedent created a trust giving her children and grandchildren the right to withdraw trust contributions within 15 days. Even though the grandchildren had only contingent future interests in the trust overall, the right to withdraw created a present interest.
The IRS challenged this, claiming the withdrawal right was only included to get around the rules. However, the court ruled that if the legal right exists, the motive behind it doesn’t matter.
This principle was reaffirmed in the Crummey case. As long as a beneficiary has a legal right to withdraw the gift—even if they don’t actually do so—it qualifies for the exclusion.
Why This Matters
These cases confirm that properly structured trusts can allow you to take advantage of the annual gift tax exclusion while still controlling how and when beneficiaries receive assets.
This strategy lets you reduce your estate’s value for tax purposes without giving beneficiaries full control over the assets right away.
Final Thoughts
The gift tax exclusion remains a valuable estate planning tool. Whether giving directly or through a trust, it’s a legal way to transfer wealth while minimizing tax exposure.
If you’re looking to preserve your estate and provide for loved ones, consult a tax professional to explore how the annual exclusion—and trust planning—might fit your goals.
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