Reunion Weekend 2018

Similar documents
HERMENZE & MARCANTONIO LLC ADVANCED ESTATE PLANNING TECHNIQUES

Estate Planning Strategies for the Business Owner

Wealth Transfer and Charitable Planning Strategies. Handbook

Effective Strategies for Wealth Transfer

THE MAGIC OF CHARITABLE GIVING Win-Win Strategies That Benefit Both the Charity and the Donor (ILLUSTRATIONS BASED ON RATES AND TAXES FOR APRIL 2014)

Framing Your Legacy. With Transfer Tax Certainty, It Is Time to Consider Your Estate And Life Insurance Planning MKT13-65

WEALTH TRANSFER STRATEGIES FOR FAMILIES DECEMBER 13, 2018

Using Advanced Irrevocable Trusts for Income and Estate Tax Savings: Making 2012 Count

Estate and gift tax provision highlights

ESTATE PLANNING OPPORTUNITIES UNDER THE TAX RELIEF ACT OF

Creates the trust. Holds legal title to the trust property and administers the trust. Benefits from the trust.

+ = $40 Trillion + 2/3 No Will = Litigation. Pictures: commondreams.com, cjdlawgroup.com, e- crimebureau.com

TRUSTS & ESTATES ADVISORY

Tax planning: Charitable giving and estate planning

CLIENT ALERT - ESTATE, GIFT AND GENERATION-SKIPPING TRANSFER TAX

11/9/2012. Estate and Charitable Planning Before the End of IRS Circular 230. Historical Estate Tax Rates and Exemptions

Estate Planning: Leveraging Wills, Trusts, Donor Advised Funds, & Foundations to Transfer Assets & Values

Wealth Design Summary

Typical Succession Scenario

Please understand that this podcast is not intended to be legal advice. As always, you should contact your WEALTH TRANSFER STRATEGIES

Estate & Charitable Planning After the Tax Cuts & Jobs Act of 2017

Estate Planning. Uncertain Times. IRS Circular 230 Disclosure

TRUST AND ESTATE PLANNING GLOSSARY

Advanced Wealth Transfer Strategies

Charitable Trusts. Charitable Trusts

Memorandum FILE. Naim D. Bulbulia, Esq. Estate Planning Primer

Understanding CRTs. A Summary of Charitable Remainder Trusts (CRTs) VLC

Double Discounted Transfers

Charitable Planning CLIENT GUIDE

THE ESTATE PLANNER S SIX PACK

Slide 1. Slide 2. Slide VADA Family Convention FPA NCA Greenbrier September 7, Financial Objectives

Investment and Estate Planning Opportunities for High Net Worth Individuals in 2013

Thursday, 7 April 2016 #WRM 16-14

Estate Planning in 2012

Strategic Issues for Financial Planners Texas A&M University October 28, 2012

The Universal Planning Tool

Life Income Gifts 4/19/2016. How a Life Income Gift Works. Rebecca E. Dupras, Esq. Vice President of Development Silicon Valley Community Foundation

Charitable remainder trusts and life insurance

Family Wealth Services 2013 year-end tax planning considerations for high-net-worth individuals and families

GIFT AND ESTATE TAX PLANNING GUIDE

Estate Planning Client Guide

THE FAMILY BANK TRUST Advanced Planning for Couples

AUSTIN CAPITAL TRUST COMPANY

Bryan Health March 27, 2014 Wills, Trusts and Fiduciary Administration (and Other Life and Death Issues)

Living Trusts to Avoid Probate. POAs. Asset Protection. HIPAAs. Health Care Directives. Divorce & Asset. Family Limited Partnerships

Issues INSIGHTS AND. Wealth Transfer Strategies for Rising Interest Rates

Temporary Estate, Gift and GST Tax Laws Provide Unprecedented Opportunities in 2012

Advanced marketing concepts. Brought to you by the Advanced Consulting Group of Nationwide

Estate Planning for IRAs & Qualified Plans

Estate Planning under the New Tax Law

Wealth Transfer. Shark Fin CHARITABLE LEAD ANNUITY TRUST

Giving is a part of life. Charitable Giving With Life Insurance

PRACTICAL TIPS FOR CHARITABLE PLANNING

Wealth Transfer Planning in 2012: Perfect Storm of Opportunity

Frequently Asked Questions ENDOWMENT FUNDS

Consider what estate planning is all about. In its essence, estate. Perspectives in Estate Planning

TABLE OF CONTENTS LOUISIANA GIFT AND INHERITANCE TAXES. Page 2 of 250

Strategies for Reducing Wealth and Transfer Taxes. By, Pattie S. Christensen, Esq

MICKEY R. DAVIS AND MELISSA J. WILLMS DAVIS & WILLMS, PLLC HOUSTON, TEXAS APRIL 25, 2018

Sale to a Grantor Trust (SAGT)

Comprehensive Charitable Planning

Estate planning for non-citizens.

HOW ESTATE & ASSET PROTECTION CAN SAVE MILLIONS

Trust, estate and gift tax planning for U.S. and international clients

FAMILY WEALTH GOAL ACHIEVER - INITIAL

ESTATE PLANNING GEMS

MARKET TREND: With the enactment of exemption portability, clients may dismiss the need for lifetime estate planning, to their detriment.

Determined by Seller (not to exceed life expectancy) Deductibility of Interest Depends on Property None

Multigenerational Retirement Distribution Planning. Maximizing the Family Wealth Planning Benefits of Qualified Plans and IRAs

numer cal anal ysi shown, esul nei her guar ant ees nor ect ons, and act ual esul may gni cant Any assumpt ons est es, on, her val ues hypot het cal

Estate And Legacy Planning

APPENDIX. Live Once, Plan Often

Comprehensive Charitable Planning

Reporting GRATS, GRUTS, ILITS and IDGTs on Form 709: GST Exemption Allocation Calculations and Strategies

Link Between Gift and Estate Taxes

Grantor Retained Annuity Trusts in 2013: Tax-Efficient Estate Planning Techniques Leveraging GRATs to Preserve and Transfer Assets

Irrevocable Gift Vehicles

A Guide to Estate Planning

Estate Planning in 2019

GRANTOR RETAINED ANNUITY TRUSTS

Understanding Irrevocable Life Insurance Trusts

Gregory W. Sampson Looper Reed & McGraw, P.C

WEALTH STRATEGY REPORT

Japanese and Nikkei. James R. Ebert, Esq., CPA

COURSE SCHEDULE Day One: Financial Planning

CHARITABLE GIFTS. A charitable gift has a number of different tax benefits, which benefits differ if the gift is made during life or at death.

7 th Edition ESTATE PLANNING. Michael A. Dalton Thomas P. Langdon. CHAPTER 8: TRUSTS Estate Planning Money Education CH 8 Trusts

Weller Group LLC March 06, 2016

Session 2: Estate and Tax Planning with Trusts

Charitable Trusts David Nunheimer The Small Business & Estate Planning Law Group 26 George Ryder Road West Chatham, MA

PROOF. Planning for Large Estates Through 2012

From: James G. Muir. Sierra Group, Ltd Canyon Oaks Trail Suite 3 Milford MI

Liquidity Planning for Entrepreneurs

Understanding Dynasty Trusts

Charitable Giving Techniques

Transferring a Business Through Gifting and Trusts

WILLMS, S.C. LAW FIRM

Wealth structuring and estate planning. Your vision and your legacy. Life s better when we re connected

FAMILY LIMITED PARTNERSHIPS

RBC Wealth Management Services

Transcription:

Presented by B. Howard Pearson, J.D. Lecturer, Stanford University Law School Development Legal Counsel and Senior Philanthropic Advisor Stanford University Reunion Weekend 2018

2 Changes Affecting Estate Planning Fluctuations in Wealth. Changes in Estate and Gift Tax. Changes in Income Tax. Changes in Family/Objectives.

Dow Jones INDU Average 3

$ in Millions 12 Estate & Gift Tax Exemption Amount 10 8 6 4 2 0 Estate Tax Exemption Gift Tax Exemption 4 Year

60 Maximum Estate & Gift Tax Rates 50 Tax Bracket Percentile 40 30 20 10 0 Estate Tax Gift Tax 5 Year

6 Basic Tax Rules Gratuitous transfers are subject to tax. Exemptions and Deductions: Annual gift tax exemption. Applicable exclusion amount (including portability ). Unlimited marital deduction. Unlimited charitable deduction. Adjusted Tax Basis on death. State may tax transfers.

7 Examples: Annual Gifts. Basic Tax Rules (Continued) Combining the applicable exemption with the marital deduction. Exemption Trust. Portability. Gifts during lifetime. Valuation of transferred assets. Title to assets.

Tax Law Changes Gratuitous transfers gift and estate tax rates are at near historic lows. Annual Exclusion small changes. Applicable Exclusion historic high; portability. Unlimited marital deduction no change. Unlimited charitable deduction no change. Generation skipping tax exemption historic high. Income tax changes for 2018: Federal 37% Healthcare 3.8% California 13% Alt Min Tax 28% 8

Year LIFETIME GIFT-TAX EXEMPTION Gift and Estate Taxes TOTAL GIFT AND ESTATE-TAX EXEMPTION GST TAX EXEMPTION GIFT, ESTATE, AND GST TAXES/TOP RATE 2001 $675,000 $675,000 $1.06 million 55% a 2002 $1 million $1 million $1.1 million 50% 2003 $1 million $1 million $1.1 million 49% 2004 $1 million $1.5 million $1.5 million 48% 2005 $1 million $1.5 million $1.5 million 47% 2006 $1 million $2 million $2 million 46% 2007 $1 million $2 million $2 million 45% 2008 $1 million $2 million $2 million 45% 2009 $1 million $3.5 million $3.5 million 45% 2010 $1 million $5 million/unlimited b $5 million/unlimited b 35% b 2011 $5 million $5 million $5 million 35% 2012 $5.12 million $5.12 million $5.12 million 35% 2013 $5.25 million $5.25 million $5.25 million 40% 2014 $5.34 million $5.34 million $5.34 million 40% 2015 $5.43 million $5.43 million $5.43 million 40% 2016 $5.45 million $5.45 million $5.45 million 40% 2017 $5.49 million $5.49 million $5.49 million 40% 2018 $11.18 million $11.18 million $11.18 million 40% a A 5% surcharge can apply 9 9 b Depends on whether gift or bequest and, if bequest, what election was made

Implications of Current Tax Law Most current planning remains appropriate, but Appropriate to review objectives. Analyze current estate plans; there may be planning opportunities (e.g., higher exemption, portability -- exemption trust vs. step up in basis on second death). The tax changes will change. Estate plans have a limited life (review them often). Take advantage of increased gift tax exemption. There is a reluctance to use techniques that incur gift tax. Review Retirement Plan Designation. 10

Implications of Current Tax Law (Continued) Bypass trusts (limit access; creditor protection; lose step up in basis). Consider portability depending on likely size of estate of surviving spouse at his/her death. Gifts that do not incur tax: Use exclusions/exemptions. Low valuations. Discount planning (2016 Proposed Regulations). GRATS, CLATS, Sales to Defective Grantor Trusts, Loans (all of these benefit from the historic low discount rate). Private foundations, Donor Advised Funds, Support organizations. Dynasty trusts. 11

12 Retirement Plan Distributions Distributions at death subject to estate tax and income tax. General rule for beneficiary designation. For those interested in charity, good asset to leave to charity at death. Gifts from retirement plan to charity during lifetime ($100,000 limit).

13 Estate Planning in Low Interest Rate Environment Intra family loans. Installment sales to family members (Defective Grantor Trusts). GRATS, CLATS, Gift of Remainder Interest in Residence.

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Percent (%) Historic Low Interest Rate Section 7520 Rate 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% September 2018 3.4% 14 Year

15 Combining Estate Planning Techniques Charitable Remainder Trust ( CRT ) Appreciated assets placed in trust no tax on sale. Income stream to trustor. Remainder to charity income tax deduction.

Combining Estate Planning Techniques (Continued) Irrevocable Life Insurance Trust ( ILIT ) Appreciated assets placed in trust no tax on sale. Income stream to trustor. Remainder to charity income tax deduction. Trust assets avoid estate tax. Combining CRT & ILIT CRT provides tax free sale, stream of income and gifts to charity. ILIT provides children assets to replace assets that went to charity. 16