PolicyBrief
S. 587
119th CongressFeb 13th 2025
Death Tax Repeal Act of 2025
IN COMMITTEE

The "Death Tax Repeal Act of 2025" eliminates estate and generation-skipping transfer taxes, modifies gift tax calculations, and adjusts lifetime gift exemptions.

John Thune
R

John Thune

Senator

SD

LEGISLATION

Death Tax Repeal Act of 2025: No More Taxes on Inherited Wealth, Gift Tax Tweaks

The "Death Tax Repeal Act of 2025" completely eliminates the federal estate tax and the generation-skipping transfer tax, while also making some changes to the gift tax. This means no more taxes on large estates passed down after someone dies, and no taxes on transfers that skip a generation (like a grandparent directly giving to a grandchild). The gift tax is still around, but the rules get a rewrite.

Killing the Death Tax

The core of this bill is straight-up ending the estate tax. Right now, estates worth over a certain amount (it's a big number – we're talking millions) owe taxes to the federal government. This bill wipes that out, effective the day it's signed into law. Section 2 of the bill makes it clear: if you die after the enactment date, your estate pays nothing to Uncle Sam. The generation-skipping tax, which prevents people from avoiding the estate tax by skipping a generation, also gets the axe.

  • Real-World Impact: Imagine a family-owned business, a successful farm, or even just a really valuable house that's been in the family for generations. Under current law, passing that on could mean a hefty tax bill. This bill removes that, meaning families can keep the full value, no matter how large.

Gift Tax Gets a Makeover

While the estate tax is gone, the gift tax remains, but with some significant changes (Section 3). The bill revises how the gift tax is calculated each year, adjusting the lifetime gift exemption to $10,000,000, and that number will be adjusted for inflation after 2011. Importantly, it clarifies that money put into a trust counts as a taxable gift unless the person setting up the trust (or their spouse) is considered the sole owner. This prevents people from using trusts to dodge gift taxes.

  • Real-World Impact: If you are giving large amount of money to family members, the amount you can give tax free is now set high, and will keep up with inflation. If you are putting money in a trust for someone, you will be taxed on it, unless you are the only one in charge of that trust.

The Big Picture and Potential Problems

This bill is a major win for wealthy families. It simplifies estate planning, but the biggest impact is obviously the removal of a significant tax burden. The immediate challenge is figuring out the new gift tax rules, especially the part about trusts. The IRS will likely need to issue clarifications, and there could be some legal wrangling over what counts as "sole owner." Long-term, this could significantly shift how wealth is transferred in the US, and how much tax revenue the government collects from the wealthiest Americans. This bill is a big deal for anyone with substantial assets, and it changes the game for estate planning going forward.