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Fixing Social Security by Reducing Estate Tax Exemptions

April 16, 2026

Diane Kotkin

Senator Chris Van Hollen reintroduced the Strengthen Social Security by Taxing Dynastic Wealth Act which aims to improve Social Security solvency by reverting estate and gift taxes to 2009 levels. It increases the top tax rate to 45% and lowers exemptions to $3.5M per individual, directing this revenue into a combined Social Security Trust Fund. 

Key Components of the Act:

  • Estate Tax Changes: Restores the estate, gift, and generation-skipping transfer tax exemption to $3.5 million for individuals ($7 million for couples), down from over $15million/$30 million currently
  • Gift Tax Changes: Sets a lifetime exemption limit for gifts at $1 million for an individual ($2 million for married couples)
  • Increased Tax Rate: Raises the top estate and gift tax rate from 40% to 45%.‍
  • Funded Entity: Directs all revenue generated from these changes to a trust fund to be known as the “Social Security Trust Fund”
  • Trust Fund Consolidation: Merges the separate Old-Age and Survivors Insurance and Disability Insurance trust funds into a single entity
  • Targeted Revenue: The bill specifically aims to tax massive inheritances (dynastic wealth) rather than earned income, targeting wealth inequality.

Senator Van Hollen reintroduced this legislation arguing that lowering taxes on high-income households in 2017 and 2025 has created a "permanent aristocracy" that can be taxed to secure the solvency of Social Security for lower- and middle-income Americans.

Although the overall belief is that this legislation will not be enacted as written, it sure is a strong indicator of the potential direction certain legislators are looking. What should the next step be for your planning? Take time to review your estate planning documents sooner rather than later and consult with a qualified estate planning attorney. RKW Law Group and its Estates and Trusts group are ready to assist and provide you guidance on your estate planning needs.

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