[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/when-can-you-use-an-estate-tax-portability-exemption-white-plains-ny-greenwich-ct\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/when-can-you-use-an-estate-tax-portability-exemption-white-plains-ny-greenwich-ct\/","headline":"When Can You Use An Estate Tax \u201cPortability\u201d Exemption?","name":"When Can You Use An Estate Tax \u201cPortability\u201d Exemption?","description":"Just when is the DSUE [Deceased Spouse Unused Exemption] available to a surviving spouse or the estate of a surviving spouse for use in determining the surviving spouse\u2019s applicable exclusion amount? It can be very challenging to stay on top of federal estate tax law changes. For instance, experts and taxpayers alike are grappling with […]","datePublished":"2014-01-27","dateModified":"2023-08-12","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01a73d60bbfd.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01a73d60bbfd.jpg","height":600,"width":395},"url":"https:\/\/www.amorusolaw.com\/blog\/when-can-you-use-an-estate-tax-portability-exemption-white-plains-ny-greenwich-ct\/","about":["Estate Planning","Gifting","Portability"],"wordCount":291,"keywords":["DSUE","Estate Planning","Gifts","Portability"],"articleBody":"Just when is the DSUE [Deceased Spouse Unused Exemption] available to a surviving spouse or the estate of a surviving spouse for use in determining the surviving spouse\u2019s applicable exclusion amount?It can be very challenging to stay on top of federal estate tax law changes. For instance, experts and taxpayers alike are grappling with the ins and outs of \u201cportability.\u201d How and when can it be used?The temporary regulations governing portability are now on the books. While there is some guidance regarding how a \u201cDeceased Spouse Unused Exemption\u201d (DSUE) actually works, a recent Forbes article, titled \u201cEstate Tax Portability – Date DSUE Amount May Be Taken Into Account,\u201d provides some practical advice.As many know, \u201cportability\u201d refers to the new ability of a deceased spouse to pass along their unused unified exemption amount (the amount in a lifetime that you can either transfer without gift tax or can pass through your estate without estate tax) to their surviving spouse without implementing traditional estate tax planning techniques.The question many surviving spouses might face is when to make use of the exemption. What if they have a gifting strategy, especially if there is little time to spare? Does the DSUE pass immediately or does the estate tax return have to be filed?As a rule of thumb, the DSUE passes immediately. In turn, this can buy some time given how long it could take to file an estate tax return. As with all tax matters, be sure to consult with your professional advisors before making a move you cannot undo later.Reference: Forbes (January 14, 2014) \u201cEstate Tax Portability – Date DSUE Amount May Be Taken Into Account\u201dFor more information on asset preservation and estate planning, please visit my estate planning website."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"When Can You Use An Estate Tax \u201cPortability\u201d Exemption?","item":"https:\/\/www.amorusolaw.com\/blog\/when-can-you-use-an-estate-tax-portability-exemption-white-plains-ny-greenwich-ct\/#breadcrumbitem"}]}]