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Loophole

Portability Election (DSUE) — Preserve Deceased Spouse's Estate Exemption

File Form 706 on first spouse's death to port their unused $13.99M exemption to the survivor — even if no tax owed.

Overview

IRC §2010(c) allows the surviving spouse to inherit the Deceased Spousal Unused Exclusion (DSUE) amount, effectively doubling the exemption. In 2025 that's up to $27.98M combined. CRITICAL: portability is NOT automatic — must file Form 706 (estate tax return) within 9 months of death (extendable) even if the estate is far below the filing threshold. Rev. Proc. 2022-32 grants 5-year late relief. With the exemption scheduled to drop ~50% in 2026, failing to port a 2025 death forfeits potentially $7M+ of shelter.

Best fit
Widow(er)s whose spouse died with unused exemptionEstate planners for surviving spousesPre-2026 sunset planners
Estimated impact
$7M–$14M in additional estate exemption preserved

Click Generate advisory deep dive for mechanics, IRC citations, a step-by-step execution plan, a worked numeric example on your profile, costs, risks, and this-week actions.

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