Estate PlanningAdvanced6 min read

The generation-skipping transfer tax, explained

The extra 40% tax designed to stop the wealthy from skipping a generation of estate tax, who it hits, and the exemption that keeps most families clear.

The estate tax is meant to take a bite each time wealth passes down a generation. Wealthy families noticed the obvious workaround: leave assets directly to grandchildren, skipping your children's estates, and dodge a whole round of estate tax. Congress noticed too, and built the generation-skipping transfer (GST) tax to slam that door. It is a separate, additional 40% tax on transfers that skip a generation, and while it is aimed squarely at large fortunes, anyone setting up trusts for grandchildren should understand how it works.

What counts as a 'skip'

The GST tax applies to transfers to a 'skip person', generally someone two or more generations below you: grandchildren, great-nieces and nephews, or an unrelated person more than 37.5 years younger. It catches three kinds of transfers: outright gifts or bequests to a skip person, distributions from a trust to a skip person, and the moment a trust's only remaining beneficiaries become skip persons (for instance, when your child, the intermediate beneficiary, dies and the grandchildren take over). The tax exists specifically to replace the estate tax round that was skipped.

The GST exemption tracks the estate tax exemption
Each person has a GST exemption equal to the federal estate and gift tax exemption, roughly $15 million per person as of 2026 and indexed for inflation (check the current IRS figure). Transfers up to that amount can be allocated GST exemption and pass free of GST tax. Only skips above your available exemption get hit with the flat 40% GST tax, on top of any regular estate or gift tax. For the overwhelming majority of families, the exemption covers everything and the GST tax never applies.

Why it is a 'double' tax to fear

The GST tax is brutal because it stacks. A taxable transfer to a grandchild above the exemption can face regular estate or gift tax and then the 40% GST tax on what remains, an effective rate that can exceed half the transfer. That severity is intentional: it is designed to make skipping a generation no cheaper than passing wealth down one step at a time. The practical lesson is that large multigenerational transfers must be planned with GST exemption in mind, not improvised.

Where it shows up in ordinary planning

  • Leaving a bequest directly to grandchildren, common when a child is already financially comfortable or has passed away.
  • Dynasty trusts, designed to benefit multiple generations, which rely on allocating GST exemption to shelter the whole trust from future GST tax.
  • 529 college plans for grandchildren, which involve GST considerations, though annual-exclusion gifts generally avoid GST tax.
  • A trust where your child is the lifetime beneficiary and grandchildren are the remainder, the GST event can occur at the child's death.
Allocating the exemption is a technical, deadline-sensitive job
GST exemption is not automatically applied where you want it, though there are default allocation rules that can misfire. Getting the exemption allocated to the right trusts, at the right time, on the right return (Form 709 for gifts, Form 706 for estates) is genuinely technical, and a misallocation can waste exemption or expose a trust to GST tax decades later. This is not DIY territory. Anyone making substantial transfers to or for grandchildren, or funding a multigenerational trust, needs an estate tax attorney or specialist to handle the GST mechanics.

The reassuring part

For nearly everyone, the GST tax is a non-event. With an exemption in the eight figures per person, only genuinely large estates deliberately moving wealth past a generation ever confront it. If your plan is to leave money to your kids, or a normal-sized bequest to grandchildren well within the exemption, the GST tax simply will not touch you. It matters when the numbers get large, when trusts are designed to last generations, and when a child predeceases and grandchildren inherit substantial trust assets, all situations where you should already be working with a specialist.

The bottom line

The generation-skipping transfer tax is a 40% surcharge that stops the wealthy from skipping a generation of estate tax by leaving assets straight to grandchildren. It hits only transfers above a large per-person exemption that tracks the estate tax exemption, so most families never encounter it. But if your plan involves substantial gifts to grandchildren or a trust meant to span generations, GST exemption allocation is a technical, deadline-driven task with real consequences, handle it with a qualified estate tax professional. This article is education, not tax advice.

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