What’s a clawback ― and should you be worried about it?
Abstract: By temporarily doubling the gift and estate tax exemption amount, the Tax Cuts and Jobs Act created an historic opportunity for affluent families to shelter wealth from transfer taxes through lifetime giving. But some families are concerned that, if they take advantage of this opportunity, a portion of those gifts may be “clawed back” into their estates and be subject to estate taxes when the exemption amount is reduced. This article explains how, in theory, a clawback works. A sidebar explains how the IRS has alleviated concerns about assets being clawed back into one’s estate.