Estate tax with and without an ILIT
Estate tax savings: $6.3M on $101,723/yr premium. Your heirs keep $96.0M instead of $89.7M.
| A. No plan | B. ILIT + GUL |
|---|
The gift math
| Step | Amount |
|---|
How it works: we grow your estate at your rate to the age you pick, then apply the federal estate tax (40% above $15,000,000 per person in 2026, indexed after; a married couple uses portability) and your state's estate tax.
The policy is a lifetime-pay, no-lapse universal life (GUL) owned by an irrevocable life insurance trust (ILIT); a married couple uses one second-to-die policy. We size it to the tax left after the premiums leave your estate. Premiums are estimates from published rate tables, not a quote; underwriting sets the real price.
The death benefit depends on premiums being paid and on the insurer's ability to pay. Hans Goldstein is an Enrolled Agent, not an attorney: an estate attorney drafts the trust.
He is also a licensed life insurance agent (CA #4273294) and may earn a commission if you buy a policy through him; he is not licensed to sell securities. Education only, not tax, legal, investment or insurance advice.
How the ILIT plan works
- You and your spouse sign an irrevocable trust. A trustee, not you, owns a life insurance policy on your lives.
- You gift money to the trust each year. Each child and grandchild gets a short window to withdraw their share (a Crummey power), which turns the gift into one that counts toward the annual exclusion.
- The trustee pays the premium. At the last death, the policy pays the trust. The money sits outside your estate, so the estate tax does not take 40% of it.
- The trust can pay the tax or lend to the estate, and what is left goes to your heirs under the trust terms.
The policy must be bought by the trust from day one. If you move an existing policy in, it stays in your estate for 3 years (IRC 2035).
The gift math
Room each year = people with withdrawal rights x the annual gift x 2 if married. In 2026 the gift is $19,000 per person, so a couple with 2 children and 3 grandchildren has 5 x $19,000 x 2 = $190,000 a year of room. Each new grandchild adds $38,000 a year for a couple. Future grandchildren add nothing until they are born.
If the premium is bigger than the room, you have two choices: buy a smaller policy that fits, or pay the overage. The overage is a gift that uses your lifetime exemption (Form 709 every year), and it still counts when the estate tax is figured. Gifts for grandchildren also need GST exemption allocated on Form 709.
When you do not need it
If your projected estate stays under the exemption at death and your state has no estate tax, an ILIT does nothing for estate tax. The calculator says so. Life insurance can still make sense for other reasons, but this page only tests the estate tax.
Fine print an attorney handles
Each beneficiary can withdraw only the greater of $5,000 or 5% of the trust a year without the lapse being treated as a gift by that person. An estate attorney drafts around this with hanging powers. An attorney also picks the trustee, the state and the terms. Hans Goldstein is an Enrolled Agent, not an attorney.
What this page does not tell you
The estate you enter is grown at one steady rate, so enter a rate net of income tax and spending. Premiums are estimates from published rate tables, not offers, and the result is a projection, not a promise.
The death benefit depends on paying the premiums and on the insurer's ability to pay; state insurance-insolvency funds cap what they cover. The 2027 exemption (about $15,460,000) is our estimate because the IRS had not published it. Generation-skipping tax, state gift tax and trust and attorney costs are not modeled.
Policies are underwritten, and a health issue can raise the price or end the offer. Hans Goldstein is also a licensed life insurance agent (CA Insurance License #4273294) and may earn a commission if you buy a policy through him; he is not licensed to sell securities and does not recommend any investment. Education only. Not tax, legal, investment or insurance advice.
Want the bigger picture?
This page tests the policy alone. The estate tax strategy calculator adds real estate sales, 1031 exchanges, installment sales and suspended losses, and shows how the policy is paid for.
What to know
The calculator grows your estate at the rate you pick, to the age you pick, then taxes it. The ILIT column sizes a lifetime-pay policy to the tax that is left after the premiums leave your estate. Premiums are estimates from published rate tables, not a quote. A married couple uses one second-to-die policy. Laws change: the exemption, the gift exclusion and state rules can all move.
Your Big Sale Options
One page, eleven paths: cash, installment sale, 1031, Delaware statutory trust, Opportunity Zone, charitable remainder trust, Section 121, QSBS, loss harvesting, bracket timing and moving states. What each does, who it fits, the trade-off, liquidity and the 2026 rule, plus four questions for your CPA.
Frequently asked questions
How much does an ILIT save in estate tax?
What is the 2026 annual gift exclusion for an ILIT?
Do future grandchildren count toward the annual exclusion?
What if the premium is more than the annual exclusion?
Do I need an ILIT if my estate is under the exemption?
Sources
- IRC 2010, unified credit and indexing (Cornell LII)
- IRC 2503(b), annual exclusion (Cornell LII)
- IRC 2042, life insurance in the gross estate (Cornell LII)
- IRC 2642, GST inclusion ratio (Cornell LII)
- IRS Rev. Proc. 2025-32 (2026 amounts)
Updated October 31, 2026. Education only, not legal or tax advice.
Keep comparing
Estate tax strategy calculator
Hold and pay, 1031, borrow, sell or an installment sale with an ILIT: which leaves your heirs the most, and when the answer is a slam dunk.
ReadEstate tax deferral (6166)
Section 6166 lets an estate built around a closely held business pay its estate tax over as long as 14 years at low interest, so the heirs do not have to sell t
ReadStep-up at death (hold)
Holding an appreciated asset until death can erase the built-in gain for heirs; here is when that beats selling now and when it does not.
Read1031 exchange
Defer the whole gain by trading investment real estate for more real estate, if you can find it and close inside 180 days.
ReadKnow your number before you sign.
Start with a free scope call: a short call to see whether the Big Sale Tax Analysis is worth it for your sale. No obligation.
Prefer email? Request the analysis by email.
You talk to Hans Goldstein. Enrolled Agent, admitted to practice before the IRS.