Estate & Gift Tax Strategies for Real Estate Investors

by Stephen Morris CPA, MBT, CCIM

📌 Are estate and gift taxes threatening your real estate portfolio?

Managing estate and gift taxes strategically can protect your wealth, optimize your tax position, and ensure a smooth transfer of assets to future generations.

✔ Minimize estate taxes with structured transfers
✔ Leverage tax-free gifting to protect real estate assets
✔ Utilize trusts to secure your family’s financial future
✔ Maximize exemptions & deductions for tax savings

💰 Let’s break it down.

Understanding Estate & Gift Taxes in Real Estate

🏡 How do these taxes impact your properties?

✔ Estate Tax – Applies when property is transferred after death.
✔ Gift Tax – Applies to property given away while still alive.

📌 Current Federal Estate & Gift Tax Exemptions (2023):
➡ $12.92 million per individual
➡ $25.84 million per married couple

💡 Pro Tip:
If your estate is above the exemption threshold, strategic planning is critical to minimize tax liabilities.

Estate Tax: What You Need to Know

✔ Based on the fair market value (FMV) of real estate at the time of death.
✔ Tax rates range from 18% to 40% depending on total estate value.
✔ Some states impose additional estate taxes (check state laws).

📌 Example:
🏠 Your estate is worth $15 million
➡ Exemption: $12.92M
➡ Taxable Amount: $2.08M
➡ Federal Estate Tax (40%) = $832K owed to the IRS.

💡 Pro Tip:
➡ Pass assets to a spouse tax-free using the marital deduction.
➡ Gift assets strategically during your lifetime to reduce estate value.

Gift Tax: How It Works

✔ Taxed when property is transferred below FMV without full compensation.
✔ Annual Gift Tax Exclusion (2023): $17,000 per recipient
✔ Gifting above the exclusion reduces your lifetime estate exemption.

📌 Example:
🏠 You gift $50K in real estate shares to your child.
➡ $17K per parent (total $34K tax-free)
➡ $16K taxable gift applies to lifetime exemption (no tax due unless over $12.92M).

💡 Pro Tip:
➡ Use annual exclusions to gift real estate in small amounts tax-free.
➡ Married couples can gift double ($34K per recipient).

Top Strategies to Reduce Estate & Gift Taxes

1️⃣ Lifetime Gifting: Reduce Estate Taxes Over Time

✔ Gradually transfer property to heirs before death.
✔ Spread gifts across multiple years to stay within annual exclusion.
✔ Avoids a large tax hit at death by reducing estate size.

📌 Example:
🏠 Instead of leaving a $1 million rental property in your will…
➡ Gift $17K/year in fractional shares over multiple years to avoid gift tax.

💡 Pro Tip:
➡ Consider gifting to a trust to keep control of property while reducing taxable estate.

2️⃣ Use Trusts for Real Estate Protection

✔ Irrevocable Trusts – Reduce estate tax by removing assets from ownership.
✔ Qualified Personal Residence Trusts (QPRTs) – Transfer a home to heirs at a discounted tax value.
✔ Charitable Remainder Trusts (CRTs) – Donate property while retaining income for life & getting tax deductions.

📌 Example:
🏠 You put a $1M home into a QPRT and live there rent-free for 10 years.
➡ After 10 years, the property passes to heirs at a discounted value → Lower estate tax.

💡 Pro Tip:
Trusts protect real estate from creditors while reducing taxable estate value.

3️⃣ Maximize Exemptions & Deductions

✔ Use marital deductions to transfer property tax-free to a spouse.
✔ Deduct mortgage interest & estate administration expenses from taxable estate.
✔ Appraise property at fair market value to optimize deductions.

📌 Example:
🏠 You leave a $2M commercial property to your spouse.
➡ $0 estate tax owed due to marital deduction.
➡ When spouse dies, their estate gets another $12.92M exemption.

💡 Pro Tip:
Use portability to carry over unused estate tax exemptions to your spouse!

4️⃣ Spousal Transfers: Tax-Free Real Estate Transfers

✔ Unlimited Tax-Free Transfers Between Spouses
✔ Step-Up in Basis – Spouses avoid capital gains taxes on appreciation.

📌 Example:
🏠 You bought a rental property for $200K that’s now worth $500K.
➡ Spouse inherits property tax-free and gets a stepped-up cost basis of $500K.
➡ If they sell immediately, there’s NO capital gains tax.

💡 Pro Tip:
This resets depreciation for rental properties, allowing higher tax write-offs for heirs!

5️⃣ Charitable Contributions: Tax-Free Property Donations

✔ Donate real estate to reduce taxable estate size.
✔ Claim charitable deductions for the FMV of property.

📌 Example:
🏠 You donate a $500K rental to a 501(c)(3) charity.
➡ $500K deduction reduces taxable income.
➡ Property is removed from estate → No estate tax due.

💡 Pro Tip:
✔ Use Charitable Lead Trusts (CLTs) to donate property now & pass to heirs later.

2023 Estate & Gift Tax Updates

📌 Recent Changes to Watch:
✔ Estate Tax Exemption (2023): $12.92M (set to drop to $5.49M in 2026!).
✔ Annual Gift Tax Exclusion: Increased to $17K per recipient.
✔ Possible State-Level Estate Taxes: Some states tax estates as low as $1M in assets.

💡 Pro Tip:
Plan NOW before exemption limits drop in 2026! Gifting assets today may save millions in future estate taxes.

Final Verdict: How to Minimize Estate & Gift Taxes

✔ When to Start Planning:
✅ If your estate is over $5 million (before 2026 reduction).
✅ If you want to transfer real estate tax-free to heirs.
✅ If you have valuable rental properties & want to reduce estate size.

📌 Top Estate Planning Moves:
🔹 Gift assets annually within tax-free limits
🔹 Use trusts for tax reduction & asset protection
🔹 Leverage marital deductions & portability
🔹 Consider charitable real estate donations
🔹 Plan before 2026 when tax exemptions drop!

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