Spousal Lifetime Access Trust (SLAT): How to Dodge the 2026 Estate Tax Cliff
Spousal Lifetime Access Trust (SLAT): How to Dodge the 2026 Estate Tax Cliff
EXECUTIVE SUMMARY
- The Deadline: The current Estate Tax Exemption ($13.61M per person) is set to sunset (cut in half) on January 1, 2026. Wealthy families must “use it or lose it” before that date.
- The Dilemma: Most people are afraid to give away $13M to an Irrevocable Trust because they might need the money later. They fear losing control.
- The Solution: A SLAT allows you (Donor) to gift assets to an irrevocable trust for the benefit of your Spouse. Since your spouse can access the money, you (indirectly) retain access to the funds while removing them from your taxable estate.
- Authority Baseline: This strategy navigates the “Reciprocal Trust Doctrine” to ensure the assets are legally outside the estate while remaining economically available to the household.
Irrevocable trusts usually mean “Bye-bye money.” The **SLAT** is the exception. It is an irrevocable trust that feels revocable. By naming your wife or husband as the beneficiary, you create a legal backdoor. As long as you stay married (and your spouse stays alive), the money is still “in the family” for luxury spending, yet “out of the estate” for tax purposes. According to Team BMT Analysis, this is the most urgent strategy for couples with >$15M net worth approaching the 2026 cliff. Source: American College of Trust and Estate Counsel (ACTEC)
Scenario: Husband transfers $13M to a SLAT for Wife.
- Estate Tax Impact: The $13M (plus all future growth) is removed from Husband’s estate. It uses up his exemption before it expires.
- Lifestyle Impact:
Need Cash? The Trustee distributes $500k to Wife.
Access: Wife puts the $500k in the joint checking account. Husband spends it.
Result: The asset is legally gone, but the cash flow is retained.
BMT Verdict: The SLAT is not a loophole; it is a feature of the marital unit. If you have a net worth over $15M and fear the 2026 sunset, failing to execute a SLAT is essentially a voluntary donation of 40% of your wealth to the government.
2026 Sunset Impact ($30M Estate)
| Action Taken Before 2026 | Projected Estate Tax Bill |
|---|---|
| Do Nothing (Exemption Halves) | 6000000 |
| Execute SLAT (Lock in High Exemption) | 0 |
*Chart Note: The “Use It or Lose It” rule applies. If you don’t use the $13.61M exemption now, it reverts to ~$7M in 2026. That lost $6M gap is taxed at 40%, costing your heirs $2.4M instantly.
Yes, divorce or the premature death of the spouse breaks the access chain. That does not negate the strategyโit defines the risk. You insure against death with Life Insurance (ILIT) and mitigate divorce risk with post-nuptial agreements. The tax savings ($2.4M+) are worth the structural risk.
CRITICAL SCENARIO: The “Reciprocal Trust” Trap
Don’t be too clever.
| Action | IRS Ruling (United States v. Grace) |
|---|---|
| Identical SLATs (Husband sets up for Wife, Wife sets up for Husband) | Failed. The IRS applies the “Reciprocal Trust Doctrine.” They uncross the trusts and declare that you just set up trusts for yourselves. Assets are pulled back into the estate. |
| Non-Reciprocal SLATs | Pass. Make them different: Different trustees, different beneficiaries (add kids to one), different powers, different timing. Variation is safety. |
Execution Protocol
Don’t put cash in a SLAT. Put Pre-IPO stock, high-growth real estate, or business interests. The goal is to freeze the value today and let all future appreciation happen outside your taxable estate.
The beneficiary spouse can be a trustee, but usually, an independent co-trustee is recommended for discretionary distributions to avoid “General Power of Appointment” issues.
Make the SLAT a “Grantor Trust.” This means you (the Grantor) pay the income taxes on the trust’s earnings each year. This is a feature, not a bug. It allows the trust to grow tax-free (compounding faster) while reducing your taxable estate further.
This strategy requires giving away millions of dollars permanently. If your net worth is under $10M, the complexity and legal fees ($5k-$15k) are likely not worth it.
WEALTH STRATEGY DIRECTIVE
- Do This: Use a SLAT to “Freeze” your estate value. If you transfer a $10M business today and it grows to $50M, you saved estate tax on the $40M growth.
- Avoid This: Funding the SLAT with joint assets directly. You must split assets first (Post-Nup or transmutation) so that the gift comes solely from the Donor spouse’s separate property.
Frequently Asked Questions
What if my spouse dies?
Access stops. The trust typically converts to a trust for your children. To protect yourself, buy life insurance on your spouse or include a “Floating Spouse” provision (defines spouse as “whoever I am married to”).
Can I swap assets?
Yes. Most SLATs include a “Power of Substitution.” If the assets inside go up in value, you can swap them out for cash of equal value, locking in the gains inside the trust.
Is this a completed gift?
Yes. You must file a Gift Tax Return (Form 709). This utilizes your lifetime exemption. It is a permanent transfer for tax purposes.