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Why Filing an Estate Tax Return Is Critical to Protecting Portability

ARTICLE | June 17, 2026

Authored by Vasquez + Company

With the federal gift and estate tax exemption at $15 million per individual in 2026, many married couples assume they have little to worry about when it comes to estate taxes. But even if your estate falls well below that threshold today, a key planning opportunity could be slipping through the cracks: the portability of your unused estate tax exemption. Portability allows a surviving spouse to inherit the deceased spouse's unused exemption, potentially shielding millions from future estate taxes. However, it is not automatic. It requires a timely and properly completed estate tax return filing, no matter the size of your estate. Circumstances change, windfalls happen, and tax laws evolve.

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Our firm provides the information for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. This article is not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.  

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