---
url: 'https://www.fmjlaw.com/estate-tax-exemptions-2022/'
title: Estate Tax Exemptions 2022
author:
  name: Georgie Stocks
  url: 'https://www.fmjlaw.com/author/gstocks/'
date: '2021-12-07T17:30:34+00:00'
modified: '2021-12-07T21:06:42+00:00'
type: post
categories:
  - Legal Alert
  - Newsroom
  - 'Trusts & Estates Blog'
image: 'https://www.fmjlaw.com/wp-content/uploads/2021/09/AdobeStock_415698401.jpeg'
published: true
---

# Estate Tax Exemptions 2022

Following our September posting of a [preview of the 2022 estate tax exemptions](https://www.fmjlaw.com/preview-of-2022-estate-tax-exemptions-and-what-to-do-now/), the IRS recently released the inflation-adjusted amounts that will apply in 2022.

## Federal Estate Tax Exemption

As of January 1, 2022, the federal lifetime gift, estate, and GST estate tax exemption amount will increase to $12.06 million, up from $11.70 million in 2021. This means that a married couple will have $24.12 million of available exemption, up from $23.4 million in 2021. High net worth individuals who have already used up their entire exemptions may wish to consider making additional gifts in 2022 to take advantage of the inflation-adjusted amount. Under current law, the top marginal federal estate tax rate remains at 40%.

## Annual Exclusion for Gift

The annual exclusion amount for gifts in 2022 will increase to $16,000. There has not been a change in the annual exclusion since the amount increased from $14,000 in 2017 to $15,000 in 2018. This means that an individual can gift up to $16,000 ($32,000 for a married couple) to any person without incurring a gift tax or having to file a gift tax return (IRS Form 709). Any gift in excess of $16,000 will reduce the federal exemption available at the time of death.

## Minnesota Estate Tax

As of January 1, 2022, the Minnesota estate tax exemption amount will remain at $3.0 million. Minnesota uses a graduated scale to assess an estate’s tax liability and its current estate tax rates range from 13% to 16%. The Minnesota estate tax exemption amount has not changed since the amount increased to $3.0 million in 2020.

## Next Steps?

***Please contact FMJ’s Trusts & Estates attorneys at [estateplanning@fmjlaw.com](mailto:estateplanning@fmjlaw.com) if you have any questions about the 2022 estate tax exemptions or if you have any other estate planning questions that you would like to discuss.***

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