When can the marital deduction not be claimed?

If a decedent’s divorce from a prior spouse is declared invalid by a State court having jurisdiction, the Internal Revenue Service (IRS) will not allow a marital deduction for the decedent’s bequest of property to a subsequent spouse (Revenue Ruling 67-442 CB 65).Click to see full answer. People also ask, what qualifies for the unlimited marital deduction?The unlimited marital deduction allows spouses to transfer an unlimited amount of money to one another, including upon death, without penalty or tax. Under current rules, the limit on non-taxable gifts is $15,000 per individual and the estate tax exemption is $11.58 million.Similarly, what is the marital deduction for 2019? The new tax law set the unified federal estate and gift tax exemption at $11.18 million for 2018 and $11.4 million for 2019, with annual inflation adjustments for 2020-2025. For married couples, the exemptions for 2018 and 2019 are effectively doubled to $22.36 million and $22.8 million, respectively. Similarly one may ask, what property does not qualify for the marital deduction? In summary, any property left with no strings attached is an absolute interest and qualifies for the marital deduction. Property interests passing to a surviving spouse that are not included in the decedent’s gross estate do not qualify for the marital deduction.Does a life estate qualify for the marital deduction?While property passing from the decedent to a surviving spouse generally qualifies for the marital deduction, a terminable interest, such as a pure life estate, will not qualify unless the qualified terminable interest property (QTIP) election is made.

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