Estate Tax Concepts. Presented for Valued Client

Similar documents
Insurance and Annuities

QUALIFIED PLANS VS. NONQUALIFIED ARRANGEMENTS. Presented for Valued Client

SPLIT-DOLLAR LIFE INSURANCE: COLLATERAL ASSIGNMENT METHOD. Presented for Sample Company

Insurance and Annuities

Retirement. Presented for Valued Client. Presented by John M. Webster HMS Insurance Associates, Inc.

EXECUTIVE BONUS ARRANGEMENTS. Presented for Sample Company

Insurance and Annuities

Insurance and Annuities

LIFE INSURANCE AS ALTERNATIVE TO BEQUEST. Presented for Valued Client

Insurance and Annuities

GIFT TAX ANNUAL EXCLUSION. Presented for Valued Client

SURVIVOR SUPPLEMENTAL RETIREMENT INCOME FUNDED WITH LIFE INSURANCE. Presented for Valued Client

CHARITABLE REMAINDER ANNUITY TRUST VS. UNITRUST. Presented for Valued Client

TRADITIONAL VS. ROTH IRA. Presented for Valued Client

BUSINESS CONTINUATION. Presented for Sample Company

ENTITY-PURCHASE BUY-SELL AGREEMENT. Presented for Sample Company

Insurance and Annuities

CROSS-PURCHASE BUY-SELL AGREEMENT. Presented for Sample Company

e-pocket TAX TABLES 2014 and 2015 Quick Links:

e-pocket TAX TABLES 2016 and 2017 Quick Links: 2016 Income and Payroll Tax Rates 2017 Income and Payroll Tax Rates

e-pocket TAX TABLES Quick Links: 2017 Income and Payroll Tax Rates 2018 Income and Payroll Tax Rates Corporate Tax Rates Alternative Minimum Tax

White Paper: Irrevocable Life Insurance Trusts

FAMILY PARTNERSHIPS -- AN ALTERNATIVE TO IRREVOCABLE INSURANCE TRUSTS

Intergenerational split dollar.

THE ESTATE PLANNER S SIX PACK

Profit-Sharing Arrangement

Preserving Family Wealth with an Estate Freeze. cn ING North America Insurance Corporation

Navigating a Life Insurance Funding Strategy

Dynasty Trust. Clients, Business Owners, High Net Worth Individuals, Attorneys, Accountants and Trust Officers:

Leveraging wealth transfer using a sale to a defective grantor trust

e-pocket TAX TABLES 2017 and 2018 Quick Links: 2017 Income and Payroll Tax Rates 2018 Income and Payroll Tax Rates Corporate Tax Rates

Irrevocable Life Insurance Trust (ILIT)

CHERRY CREEK CORPORATE CENTER 4500 CHERRY CREEK DRIVE SOUTH #600 DENVER, CO DISCLAIMER

Advanced Sales White Paper: Grantor Retained Annuity Trusts ( GRATs ) & Rolling GRATs

State law sets out the requirements for a trust to be valid and the rules governing trust administration.

White Paper: Dynasty Trust

WHAT EVERY ATTORNEY AND CPA NEEDS TO KNOW TO PREPARE AND REVIEW GIFT AND ESTATE TAX RETURNS

GRANTOR RETAINED ANNUITY TRUSTS

BASICS * Irrevocable Life Insurance Trusts

HOW ESTATE & ASSET PROTECTION CAN SAVE MILLIONS

Benefits of Using Trusts with Selling Your Business

The Grandparent Tax Monica Haven, EA, JD, LLM 2015

Irrevocable Life Insurance Trust (ILIT)

Counselor s Corner. SLAT: Is It Possible to Have Access to Trust Assets Without Estate Inclusion?

Bypass Trust (also called B Trust or Credit Shelter Trust)

Repository Citation John William Hornsby Jr., Short Term Trusts, 2 Wm. & Mary L. Rev. 311 (1960),

IRREVOCABLE LIFE INSURANCE TRUSTS FOR ESTATE AND TAX PLANNING (Estate Planning Advisory No. 1)

Irrevocable Life Insurance Trust (ILIT)

Estate & Gift Planning For Collectors. Fredric M. Sanders (212)

Law Office Of Keith R. Miles, LLC July 25, 2015

CHAPTER 8 Trusts DISCUSSION QUESTIONS

SQUEEZE, FREEZE, & BURN: ESTATE PLANNING WITH 678 TRUSTS Written materials prepared by Marvin E. Blum, J.D./C.P.A.

678 TRUSTS: PLANNING STRATEGIES AND PITFALLS By Marvin E. Blum

Giving to Minors. Wealth Planning General. Overview. Outright Gift. Advantages:

ALI-ABA Course of Study Estate Planning in Depth

SFGH. Sugar Felsenthal Grais & Helsinger LLP SPECIAL TAX NEWSLETTER. Estate and Gift Tax Changes Create Major Opportunities. What Should You Do Now?

A Guide to Estate Planning

Date: 25-Aug-14 From: Steve Leimberg's Estate Planning Newsletter Subject: Bruce Steiner & Lessons from Robin Williams' Insurance Trusts

FLEXIBLE IRREVOCABLE LIFE INSURANCE TRUST (CAN BE USED WITH EITHER INDIVIDUAL OR SURVIVORSHIP LIFE POLICIES) EXPLANATION FOR LEGAL COUNSEL

Understanding Irrevocable Life Insurance Trusts

Putting what s important to you first

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)

Grantor Retained Annuity Trusts ( GRATs ) and Rolling GRATs. Producer Guide. For agent use only. Not for public distribution.

Trust Account Opening Form

Estate Planning With Selected Issues. Course Description

IMPORTANT INFORMATION ABOUT YOUR IRREVOCABLE TRUST

Charitable Giving Techniques

ESTATE PLANNING OPPORTUNITIES UNDER THE TAX RELIEF ACT OF

IMPORTANT INFORMATION ABOUT YOUR IRREVOCABLE LIFE INSURANCE TRUST CAUTION:

Sale to a Grantor Trust (SAGT)

White Paper Customizing Trusts

The Irrevocable Trust

Gimme Shelter Gifting in 2011 While Retaining Strings

Premium Financing of Life Insurance

Accounting for Investments

Two of the most powerful estate

GIFT TAX RETURNS: FINDING AND FIXING PROBLEMS. Celeste C. Lawton Norton Rose Fulbright US LLP January 15, 2016

FINANCIAL PROFESSIONAL USE ONLY NOT FOR USE WITH THE PUBLIC

U.S. Global Investors Mutual Funds-Forms 1099R and 1099Q Guide for Tax Year 2009

Non-Citizen Spouse. Estate Planning Using Qualified Domestic Trusts (QDOTs) and Irrevocable Life Insurance Trusts (ILITs)

THE TAX CONSEQUENCES OF RETAINED INTERESTS AND POWERS. Mary Ann Mancini / Steptoe & Johnson LLP. August, 2001

ACCESS TRUSTS. Using life insurance to accumulate, access and transfer wealth

Comprehensive Charitable Planning

Spousal Lifetime Access Trust (SLAT)

Memorandum. LeBlanc & Young Clients DATE: January 2017 SUBJECT: Primer on Transfer Taxes. 1. Overview of Federal Transfer Tax System

Advanced Sales. The Importance of Life Insurance. White Paper: The Own Your Own Policy Buy-Sell. Your future. Made easier. Number 11-1 June 1, 2011

Recent Tax Court Ruling on Crummey Trusts

IRREVOCABLE TRUSTS Memorandum to the Settlor and the Trustee

A grantor retained annuity trust (GRAT) is a financial

ALI-ABA Course of Study Estate Planning for the Family Business Owner

PREPARING GIFT TAX RETURNS

Reverse Split Dollar Life Insurance

THE SCIENCE OF GIFT GIVING After the Tax Relief Act. Presented by Edward Perkins JD, LLM (Tax), CPA

Traps to Avoid in Lifetime Giving Program

IRREVOCABLE TRUSTS Memorandum to the Settlor and the Trustee

Estate Planning. Insight on. The Crummey trust: Still relevant after all these years. Now s the time for a charitable lead trust

September /October Some strings attached Stretching your legacy Don t underestimate the power of Crummey trusts Estate Planning Red Flag

CHAPTER EIGHT Special Types of Gifts

ESTATE EVALUATION. John and Jane Doe

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

Transcription:

Presented for Valued Client Presented by John M. Webster HMS Insurance Associates, Inc. johnwebster@financialguide.com 443-632-3436 Page 1 of 5

The Concept A Crummy power, named after the taxpayer who brought a court case, is used to secure the federal gift tax annual exclusion $14,000 in 2017 for annual gifts to an irrevocable life insurance trust. These gifts are used to pay premiums on the life insurance policy held in the trust. The Process A Crummey power gives trust beneficiaries the power exercisable each year for a limited time to withdraw annual transfers to the trust. While the grantor hopes that the beneficiaries won t exercise this power, the fact that they can is sufficient to qualify the annual transfers for the gift tax annual exclusion. Crummey powers generally lapse after the specified period expires if they re not exercised, and the trustee is then free to use the recently transferred funds to pay premiums. For example, if four beneficiaries each have Crummey powers, up to $56,000 of annual transfers ($14,000 for each beneficiary) could be sheltered from the gift tax in 2017, or up to $112,000 when a husband and wife split the gifts. Other Considerations Regardless of the maximum gift tax annual exclusion, each beneficiary s Crummey power is often limited to the greater of $5,000 or 5% of the trust principal. This amount won t be considered a taxable gift to the other beneficiaries if the holder of the power allows it to lapse each year. However, amounts exceeding those limits are considered gifts to the other beneficiaries. Where lapses exceed the $5,000/5% limitations, Crummey power holders will have to draw upon their gift tax credit to shelter the gifts from tax. To avoid this result, irrevocable life insurance trusts sometimes limit Crummey withdrawal rights to the least of each beneficiary s share of additions to the trust, the gift tax annual exclusion amount, or the greater of $5,000 or 5% of the trust assets. The trust language should give beneficiaries a reasonable time such as 30 days to exercise their powers. If the trust says they have until December 31 to exercise the power and the grantor makes a transfer on December 30, the IRS might view this as a sham. In that event, the opportunity to utilize the gift tax annual exclusion would be lost. Page 2 of 5

The trustee should also give the beneficiaries formal notice that the trust received a transfer subject to their Crummey withdrawal powers, and indicate the period in which they may exercise their powers. Bottom Line The Crummey power, which gives beneficiaries the limited right to withdraw assets from an irrevocable life insurance trust, is an effective technique to qualify gifts to the trust for the federal gift tax annual exclusion whether the beneficiaries exercise that right or not. Page 3 of 5

SUMMARY What Are Crummey Powers? Crummey powers, named after one taxpayer s court case, are meant to secure the federal gift tax annual exclusion ($14,000 per donee in 2017) for annual gifts made to an irrevocable life insurance trust. These gifts are intended to provide the trustee funds to pay premiums on a life insurance policy held in the trust. A Crummey power gives trust beneficiaries the power to withdraw the annual transfers during a limited period of time. The trustee notifies the beneficiaries when a transfer subject to their powers is made to the trust. The grantor hopes that the trust beneficiaries won t exercise their powers so that the funds will be available to pay premiums on the life insurance policy in the trust. But the mere fact that the beneficiaries are allowed to withdraw the money is sufficient to convert the annual transfers into gifts of a present interest, and thus qualify the transfers for the gift tax annual exclusion. Crummey powers usually lapse after the specified period expires if they re not exercised, and the trustee is then free to use the transferred funds to pay premiums. How Do They Work? Notwithstanding the current $14,000 maximum gift tax exclusion, each beneficiary s Crummey power is often limited to the greater of $5,000 or 5% of the trust principal. This is the annual amount that won t be considered a taxable gift to the other trust beneficiaries if the holder of the power allows it to lapse. The lapse of a Crummey power is, however, considered a gift to other trust beneficiaries to the extent that it exceeds the $5,000 or 5% limit. In that event, the beneficiaries may have to draw on their gift tax credit to shelter the resulting taxable gifts from the gift tax. To avoid this unfortunate result, Crummey trusts are sometimes drafted to limit the withdrawal right to the least of the beneficiary s proportionate share of additions to the trust, the gift tax annual exclusion amount, or the greater of $5,000 or 5% of the trust assets. Also, the trust should give the beneficiaries a reasonable period of time say, 30 days to exercise their powers. A shorter period might cause the IRS to question the motive behind an attempted transfer. For example, if the trust says beneficiaries have until December 31 to exercise their powers, and the grantor makes the transfer on December 30, the IRS might view this as a sham, and the gift tax annual exclusion would be lost. It s also important that the trustee formally notifies beneficiaries when the trust has received a transfer subject to their Crummey withdrawal powers, and indicates the period during which they may exercise these powers. The Crummey power can be an effective way to avoid needless federal gift taxation of transfers needed to support a life insurance policy held in trust. Page 4 of 5

Copyright 2004-2017, Pentera Group, Inc. 921 E. 86th Street, Suite 100, Indianapolis, Indiana 46240. All rights reserved. This service is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that neither the publisher nor any of its licensees or their distributees intend to, or are engaged in, rendering legal, accounting, or tax advice. If legal or tax advice or other expert assistance is required, the services of a competent professional should be sought. While the publisher has been diligent in attempting to provide accurate information, the accuracy of the information cannot be guaranteed. Laws and regulations change frequently, and are subject to differing legal interpretations. Accordingly, neither the publisher nor any of its licensees or their distributees shall be liable for any loss or damage caused, or alleged to have been caused, by the use of or reliance upon this service. Page 5 of 5