The drawbacks
Roadblocks can include: Increased costs. Providing free gifts can add significant costs to a business, including sourcing, production, and logistics. This can eat into profit margins, especially if the gifts are expensive or of high quality.
The estate tax exemption is the maximum value of assets an individual can leave to their heirs upon death without incurring federal estate tax. The estate tax exemption is the total amount of gifts an individual can give to others during their lifetime without incurring gift tax.
May reduce probate costs and taxes
Lifetime gifts, especially of income-producing assets, can potentially reduce the size of your estate. A smaller estate may mean decreased probate costs and may also reduce or eliminate income and estate taxes.
Whether you choose to fight it out or not is your decision to make. But you should know that any lifetime gifts are yours to keep. And except where there is clear written proof to the contrary, your lifetime gifts will not affect what you are entitled to receive form a parent's estate after your parent dies.
A common question, and one where many taxpayers often make mistakes, is whether it is better to receive a home as a gift or as an inheritance. Generally, from a tax perspective, it is more advantageous to inherit a home rather than receive it as a gift before the owner's death.
Each year, the IRS sets the annual gift tax exclusion, which allows a taxpayer to give a certain amount (in 2025, $19,000) per recipient tax-free without using up any of the taxpayer's lifetime gift and estate tax exemption (in 2025, $13.99 million).
The primary advantage of making lifetime gifts is that by removing assets from your estate, you shield future appreciation from estate tax. But there's a tradeoff: The recipient receives a “carryover” tax basis — that is, he or she assumes your basis in the asset.
The Cons of Probate in California
Delays in Asset Distribution: Probate can be time-consuming, causing delays in asset distribution, which may not be ideal for heirs in need of quick access to funds. Complex Court Procedures: The probate process can be intricate, potentially taking months or even years to complete.
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
Bottom Line. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.
Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $18,000 per recipient for 2024.
What is the gift tax exclusion? The basic gift tax exclusion or exemption is the amount you can give each year to one person and not worry about being taxed. The gift tax exclusion limit for 2023 was $17,000, and for 2024 it's $18,000.
The lifetime gift tax exemption is the amount of money or assets the government permits you to give away over the course of your lifetime without having to pay the federal gift tax. This limit is adjusted each year. For 2025, the lifetime gift tax exemption is $13.99 million, up from $13.61 million in 2024.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income.
Chargeable lifetime transfers (CLTs)
The liability to IHT on the CLT rests with the settlor, although the settlor and trustees can agree between them as to who pays. The amount of the transfer must be grossed up if the settlor pays the tax.
Irrevocable trusts have a few advantages over life estates. First, you can use a trust to protect assets beyond real estate. Creating an irrevocable trust protects any asset from creditors and avoids probate proceedings before the assets get transferred to loved ones.
Testamentary Trusts
A testamentary trust is a trust that isn't created until you die. The main advantage of a testamentary trust over a simple will is its flexibility. Ordinarily, probate assets must be distributed to estate beneficiaries by the time probate ends, typically about a year after the testator's death.
Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
From this perspective, if you are inclined to give, you should gift as much as you can comfortably afford during your lifetime, while remaining aware of the available step-up in capital gain basis for inherited assets. So, gift your assets that have minimal gains and save your most appreciated assets for inheritance.
Trusts can be written for minors or for adults, with the distribution of funds outlined in the trust agreement. “A trust is a good vehicle to clearly establish your intent for your gift while also functioning as a means to reduce the size of your taxable estate for the future," said Goldman.
2024 and 2025 lifetime gift tax limits
The 2024 lifetime gift limit is $13.61 million. Because the exemption is per person, married couples can exclude double that — $27.22 million — in lifetime gifts. The IRS indexes this limit each year for inflation.