IRC §2010 · 26 U.S.C. §2010
IRC §2010: Unified Credit Against Estate Tax
IRC §2010 is the unified credit — the basic exclusion amount ($15M per person under OBBBA, indexed) plus portable DSUE from a predeceased spouse. Estates under it owe no federal estate tax.
What it governs
- Basic exclusion $15M per person ($30M per couple), indexed, permanent under OBBBA
- Portability: the survivor inherits the predeceased spouse’s unused exclusion (DSUE)
- DSUE requires a timely Form 706 portability election — even with no tax due
- Unified with gift tax: lifetime taxable gifts shrink the exclusion at death
In the GuideFull treatment in Chapter 15 of the Guide — THE TAX CUTTERY® Guide to Federal Income Taxation, Professional Edition (564 pages, 24 chapters).
Related sectionsIRC §2503 — annual-exclusion gifts that never touch §2010 · IRC §2056 — the marital deduction that defers the §2010 computation
From the practiceStart the consultation — Paul on video, one question at a time →
Questions this section answers
- Do I owe estate tax on a $5 million estate?
- No — the §2010 basic exclusion ($15M per person under OBBBA) absorbs it entirely. Fewer than 1 in 1,000 estates owe federal estate tax.
- What is portability?
- The surviving spouse adds the predeceased spouse’s unused exclusion (DSUE) to their own — but only with a timely Form 706 election, even when no tax is due.
- Do lifetime gifts reduce my estate exclusion?
- Yes — the system is unified. Taxable gifts above the annual exclusion consume §2010 exclusion during life, leaving less at death.
The whole Code, one volume.
The Guide treats 149 Code sections across 24 chapters — every claim verified against primary sources.
Get the Guide — $299
The Guide treats 149 Code sections across 24 chapters — every claim verified against primary sources.
Get the Guide — $299