2022 Estate Tax Exemption
The 2022 Estate Tax Exemption is $12,060,000.
Effective 2022-01-01Source: Rev. Proc. 2021-45 (IRS)Verified 2026-08-29
Compared with 2021
| Item | 2021 | 2022 | Change |
|---|---|---|---|
| Basic exclusion amount | $11,700,000 | $12,060,000 | +$360,000 (+3.1%) |
Who it applies to
Executors of estates of decedents dying in calendar year 2022
What changed this year, and why
For calendar year 2022, the basic exclusion amount for the federal estate tax is $12,060,000. This amount is used to determine the unified credit against estate tax under Internal Revenue Code Section 2010.
Common questions
- What is the estate tax exemption for 2022?
- For 2022, the basic exclusion amount is $12,060,000 per decedent. This is the amount an estate can pass free of federal estate tax.
- Where is the 2022 estate tax exclusion amount published?
- The IRS published the 2022 basic exclusion amount in Revenue Procedure 2021-45, Section 3.41.
Which estates have to file at all
Under the IRS instructions for Form 706, the executor of the estate of every U.S. citizen or resident who died in 2022 must file a return if the gross estate, plus adjusted taxable gifts and the specific exemption amount, is more than $12,060,000. Filing is also required regardless of the size of the gross estate when the executor elects to transfer the deceased spousal unused exclusion (DSUE) amount to the surviving spouse. To determine whether the dollar threshold is met, the executor must add three components: adjusted taxable gifts made by the decedent after a specified date, the total specific exemption allowed under section 2521 for qualifying gifts, and the gross estate valued as of the date of death. If the total exceeds $12,060,000, Form 706 must be filed. Estates below the threshold that do not need portability generally do not have to file.
For decedents who died in 2022, Form 706 must be filed by the executor of the estate of every U.S. citizen or resident: a. Whose gross estate, plus adjusted taxable gifts and specific exemption, is more than $12,060,000; or b. Whose executor elects to transfer the deceased spousal unused exclusion (DSUE) amount to the surviving spouse, regardless of the size of the decedent's gross estate.
Instructions for Form 706 (Rev. September 2022), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
What counts toward the exemption
The gross estate consists of all property in which the decedent had an interest at the time of death, including property located outside the United States. Beyond assets owned outright, the gross estate also encompasses certain transfers made during life without adequate consideration, annuities, the includible portion of joint estates with right of survivorship and tenancies by the entirety, certain life insurance proceeds even when payable to beneficiaries other than the estate, digital assets, property subject to a general power of appointment, dower or curtesy interests of the surviving spouse, and community property to the extent of the decedent's interest. All of these items count toward the total value that is compared against the $12,060,000 basic exclusion amount to determine whether the estate must file Form 706.
The gross estate includes all property in which the decedent had an interest (including property outside the United States).
Instructions for Form 706 (Rev. September 2022), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
The nine-month deadline and the extension
Form 706 must be filed to report estate and GST tax within 9 months after the date of the decedent's death. If the executor cannot meet this deadline, an automatic 6-month extension of time to file is available by submitting Form 4768, the Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes. The extension request should be filed by the original due date. While the extension grants an additional 6 months to submit the return, any tax owed remains due by the original 9-month deadline to avoid interest charges. Executors planning to elect portability of the deceased spousal unused exclusion must also file within this timeframe - either within 9 months of death or before the 6-month extension period ends.
You must file Form 706 to report estate and/or GST tax within 9 months after the date of the decedent's death. If you are unable to file Form 706 by the due date, you may receive an extension of time to file. Use Form 4768, Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes, to apply for an automatic 6-month extension of time to file.
Instructions for Form 706 (Rev. September 2022), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
Carrying an unused exemption to a surviving spouse
An executor can elect portability to transfer the decedent's deceased spousal unused exclusion (DSUE) amount to the surviving spouse, but only if Form 706 is filed within 9 months of the decedent's date of death or, if an extension of time to file was granted, before the 6-month extension period ends. This election allows the surviving spouse to use both their own basic exclusion amount of $12,060,000 and the unused portion of the deceased spouse's exclusion. Executors who had no filing requirement but failed to timely file may be eligible for an extension under Rev. Proc. 2022-32, which permits filing Form 706 on or before the fifth anniversary of the decedent's death, provided the return includes a specific notation at the top indicating it is filed pursuant to that revenue procedure.
Portability election. An executor can only elect to transfer the DSUE amount to the surviving spouse if the Form 706 is filed timely, that is, within 9 months of the decedent's date of death or, if you have received an extension of time to file, before the 6-month extension period ends.
Instructions for Form 706 (Rev. September 2022), United States Estate (and Generation-Skipping Transfer) Tax Return (IRS)
How each figure was verified
Each number below was read from a stored copy of the document named beside it, and checked to occur word for word in the quoted sentence. The digest is of that stored text.
Rev. Proc. 2021-45 (IRS)
- Basic exclusion amount
.41 Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2022, the basic exclusion amount is $12,060,000 for determining the amount of the unified credit against estate tax under ยง 2010.