Taxes Tax Planning How the Generation-Skipping Transfer Tax Exemption Works By Julie Garber Updated on January 17, 2023 Reviewed by Somer G. Anderson Reviewed by Somer G. Anderson Somer G. Anderson is CPA, doctor of accounting, and an accounting and finance professor who has been working in the accounting and finance industries for more than 20 years. Her expertise covers a wide range of accounting, corporate finance, taxes, lending, and personal finance areas. learn about our financial review board Fact checked by Lars Peterson In This Article View All In This Article Why 'Skip' and What's a "Skip Person" ? Generation-Skipping Tax Exemption Frequently Asked Questions (FAQs) Photo: Camille Tokerud / Getty Images Key Takeaways The generation-skipping tax is a special tax to cover direct transfers from grandparents to grandchildren. It is a flat-rate tax currently set at 40%.The generation-skipping tax also covers "skip people." These are gift recipients who are at least 37-1/2 years younger than the gift giver.The generation-skipping tax was meant to close a loophole whereby donors would make transfers directly to grandchildren to avoid estate tax being levied twice (once when the assets are inherited by the donor's children, and later when those assets are inherited by the donor's grandchildren). The generation-skipping tax (GST), also sometimes called the "generation-skipping transfer tax," can be incurred when grandparents directly transfer money or property to their grandchildren without first leaving it to their children. The GST doesn't only apply to grandchildren. It also addresses gifts or transfers made to other family members and to unrelated individuals who are at least 37-1/2 years younger than the donor. All such beneficiaries are referred to as "skip persons." Why 'Skip' and What's a "Skip Person" ? The child's generation is skipped to avoid an inheritance being subject to estate taxes twice—once when it moves from the grandparents to their children, and then from those children to their children. The Internal Revenue Code (IRC) has therefore applied an additional tax to these inheritances since 1976, which was repealed and reinstated as a flat tax in 1986. It only applies to generation-skipping transfers made on or after that date. Older irrevocable trusts are grandfathered and exempt from the GST to compensate for estate taxes that might otherwise have been avoided. Trusts Can Be 'Skip Persons,' Too The GST can be levied on both direct transfers to these beneficiaries and gifts made to them through trusts. Trusts are also considered to be "skip persons" under some circumstances: All beneficiaries of the trust are skip persons to the donor or no dispositions of income or property are to be made to anyone who is not a skip person. These individuals must have "beneficial interests" in the trust, which means they have a present and immediate right to the trust's principal and interest earned. An Exception for Certain Descendants IRC Section 2651(e) makes an exception for grandchildren whose parents have predeceased them. In those cases, the children effectively move up into their parents' places in line so the GST no longer applies to them—the gift then isn't skipping a generation. The Generation-Skipping Tax Exemption This exemption is an amount that can be directly transferred to grandchildren or into a generation-skipping trust for the benefit of grandchildren without incurring a federal GST. The GST shares the same lifetime exemption as the federal estate and gift taxes do, and that is pretty significant as of tax year 2022. When the Tax Cuts and Jobs Act (TCJA) went into effect in 2018, this legislation more or less doubled the exemption to $11.18 million. (The limit is adjusted with inflation, reaching $12.06 million for 2022 and $12.92 million for 2023.) That allows grandparents to give away a lot of money and property, but it might not be permanent. The TCJA and most of its terms are set to expire at the end of 2025 unless Congress takes steps to renew it. The GST tax rate remained at 40%. Married couples can double these exemption amounts, resulting in a significant amount of cash and property that can be transferred without taxation. The average taxpayer most likely will never have to worry about these rules. Those for whom they're a concern should speak to an estate planning attorney for guidance as to how to set up their estates for maximum protection. Important The IRC also provides for an annual exclusion, just as it does for gift taxes. You can give away up to $16,000 per person per year as of 2022 without incurring the GST. This figure increases to $17,000 for 2023. Married couples can double this amount because they're each entitled to give up to the limit. How To Report GST Gifts All direct skips in excess of the annual exclusion are to be reported on IRS Form 709, the U.S. Gift (and Generation-Skipping Transfer) Tax Return. They're entered in Part II of Schedule A. If you enter them on Schedule C of Form 709 as well, they're direct skips, and they're tallied up over the years to be applied against the lifetime exemption. Part III of Schedule A records indirect skips. Your direct skips are subtracted from the lifetime exemption each year you do that, ultimately leaving less of the exemption to protect your estate from estate taxes at the time of your death. State-Level GST Taxes Many states that collect state estate taxes also collect state generation-skipping transfer taxes. Check with your state taxing authority, your accountant, or your estate planning attorney to learn the rules in your location. Frequently Asked Questions (FAQs) If the beneficiary isn't related to the person leaving money to them, do they still have to pay the generation-skipping tax? Yes. If someone is leaving money or assets to another person who is at least 37-1/2 years younger than they are, the generation-skipping tax will be assessed above the exemption amount. Can a generation-skipping trust be broken? Because a generation-skipping trust is irrevocable, it usually cannot be broken or dissolved. Who pays the generation-skipping tax? If the money and assets are in a direct GST, the person who opens the trust (the grandparent, for example) will pay the tax and will set up a provision to do so. If the assets are in an indirect GST, the immediate beneficiary (the parent of the skip beneficiary, for example) won't pay taxes on it, but the skip beneficiary (a grandchild, for example) will. Those taxes can be paid out of the inheritance proceeds. Was this page helpful? Thanks for your feedback! Tell us why! Other Submit Sources The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. IRS. "Instructions for Form 709." Congressional Research Service. "The Federal Estate, Gift, and Generation-Skipping Transfer Taxes." Page 8. IRS. "Instructions for Form 709: Skip Person." Federal Register. "Predeceased Parent Rule." IRS. “IRS Provides Tax Inflation Adjustments for Tax Year 2023.” IRS. "Treasury, IRS: Making Large Gifts Now Won’t Harm Estates After 2025." IRS. "Instructions for Form 709: Split Gifts." IRS. “IRS Provides Tax Inflation Adjustments for Tax Year 2023.” RMO Probate Litigation. "Can You Dissolve a Generation-Skipping Trust?" Trust and Will. "A Guide to Generation-Skipping Tax."