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

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

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

Tricks and Traps of Planning and Reporting Generation-Skipping Transfers

PREPARING GIFT TAX RETURNS

Estate, Gift and GST Tax Basics for the New Estate Planner Boston Bar Association Trusts & Estates Practice Fundamentals Committee November 4, 2015

Federal Estate, Gift and GST Taxes

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

Form 8971; The Basics

Generation-Skipping Transfer Tax: Planning Considerations for 2018 and Beyond

Recent Developments in Estate & Gift Tax

Mastering IRC 2632 GST Exemption Allocation Rules: Identifying GST Trusts and Indirect Skips

What is a disclaimer? A disclaimer is an irrevocable statement that the beneficiary/recipient of an asset does not wish to receive the asset.

Recent Developments in Estate & Gift Tax

Link Between Gift and Estate Taxes

ESTATE PLANNING OPPORTUNITIES UNDER THE TAX RELIEF ACT OF

Beverly Hills Bar Association Trusts & Estate Section September 2018 Legal Updates

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

GLOSSARY OF FIDUCIARY TERMS

Estate Planning Client Guide

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

HERMENZE & MARCANTONIO LLC ESTATE PLANNING PRIMER FOR SINGLE, DIVORCED, AND WIDOWED PEOPLE (New York)

Recent Developments in the Estate and Gift Tax Area. Annual Business Plan and the Proposed Regulations under Section 2642

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

A Primer on Portability

MARITAL DEDUCTION TRUSTS

I. INTRODUCTION. INITIAL CONSIDERATIONS.

Shumaker, Loop & Kendrick, LLP. Sarasota 240 South Pineapple Ave. 10th Floor Sarasota, Florida

I. Basic Rules. Planning for the Non- Citizen Spouse: Tips and Traps 2/25/2016. Zena M. Tamler. March 11, 2016 New York, New York

1.0 Law & Legal CLE Credit A/V Approval # Recording Date October 19, 2017 Recording Availability October 12, 2018

Effective Strategies for Wealth Transfer

PREPARING THE 709 AND ALLOCATING THE GST EXEMPTION

ESTATE EVALUATION. John and Jane Doe

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

Tax Implications of Family Wealth Transfers

A Guide to Estate Planning

Estate, Gift and Generation-Skipping Taxes: The Implications of the Economic Growth and Tax Relief Reconciliation Act of 2001

TAX RELIEF AND THE CHANGES TO THE ESTATE AND GIFT LAWS

TABLE OF CONTENTS. Simple will with residue pouring over to inter vivos trust

ALI-ABA Course of Study Planning Techniques for Large Estates November 17-21, 2008 San Francisco, California

ALI-ABA Course of Study Estate Planning for the Family Business Owner. July 11-13, 2007 San Francisco, California

Trusts That Affect Estate Administration

Important Notes. Version c May 9, of 57. Presented by: Joseph Davis, CLU, ChFC For Evaluation Purposes Only

What is legal and tax planning for private clients?...2. What are assets?...3. How do individuals transfer assets?...4

An Accountant s Guide to Trusts. Course #5565D/QAS5565D Exam Packet

Specialty Law Columns Estate and Trust Forum The Perilous Federal Gift Tax Return--Part II by Thomas L. Stover

Irrevocable Trust Seminar Presented by Anthony L. Barney, Esq. March 11, 2014

Annual Advanced ALI-ABA Course of Study Planning Techniques for Large Estates. November 17-21, 2003 San Francisco, California

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

Demystifying Estate Planning To Grow Your Practice

Estate planning for non-citizens.

Federal Estate and Gift Tax and Use of Applicable Exclusion Amount 3. Pennsylvania Inheritance Tax 5. Gifting Techniques 6

Understanding the Gift and Estate Tax Rules for MAPTs and VAPTs. General Trust Considerations. General Trust Considerations

CC:PA:LPD:PR (REG ) Courier s Desk Internal Revenue Service 1111 Constitution Avenue, N.W. Washington, DC

Mastering GST Elections and Reporting: Minimizing Generation-Skipping Transfer Tax Through Indirect Skips

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

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

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

ASPPA ANNUAL CONFERENCE TRUSTS AS BENEFICIARY ISSUES

HERMENZE & MARCANTONIO LLC ESTATE PLANNING PRIMER FOR MARRIED COUPLES 2018 (Connecticut)

Gift Taxes. An overlooked law

Diagnosing and Treating GST Exempt / Grandfathered Trusts

Post-Mortem Planning Steve R. Akers

29th Annual Elder Law Institute

Estate Planning under the New Tax Law

Understanding the Transfer Tax and Its Impact on Estate Planning

Personal Trust Services

2010 and Beyond: Estate Planning and Administration Issues

Organizer for Estates Form 706 Reporting Form 1

ARTICLE * Making the Portability Election Simpler: Rev. Proc , I.R.B. 1282

HERMENZE & MARCANTONIO LLC ESTATE PLANNING PRIMER FOR MARRIED COUPLES 2019 (New York)

Traps to Avoid in Lifetime Giving Program

Contents. Foreword Acknowledgments Introduction

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner

Federal Update for Estate Planning Professionals. The View from Washington: Selected Legislation, Guidance and Cases. Queen s University of Charlotte

ALI-ABA Course of Study Basic Estate and Gift Taxation and Planning August 20-22, 2008 Chicago, Illinois. Post Mortem Tax Elections

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

1-21. Key Issue 1E 706 2/16

Adaptable Planning Advice and Beyond. Louisiana Estate Planning Council March 8, All Rights Reserved

Spousal Rollover (con t)

Workplace Education Series

TRUST AND ESTATE PLANNING GLOSSARY

White Paper: Avoiding Incidents of Policy Ownership to Eliminate Estate Tax

HERMENZE & MARCANTONIO LLC ESTATE PLANNING PRIMER FOR SINGLE, DIVORCED, AND WIDOWED PEOPLE (Connecticut)

Powers of Appointment Primer. Part 2: Taxation of Powers of Appointment BY GRIFFIN BRIDGERS, SUSAN L. BOOTHBY, AND LISA C. WILLCOX

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

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

PORTABILITY OF THE FEDERAL ESTATE TAX EXEMPTION AFTER THE TEMPORARY REGULATIONS. Wednesday, December 19, 2012

Advisory. Will and estate planning considerations for Canadians with U.S. connections

TOPIC: Legacy Planning Post-Tax Reform - Part 1: Let Me Count the Ways: 5 Questions for Non-Taxable Estates.

Specialty Law Columns Estate and Trust Forum The Perilous Federal Gift Tax Return--Part I by Thomas L. Stover

HERMENZE & MARCANTONIO LLC ADVANCED ESTATE PLANNING TECHNIQUES

ESTATE & TRUST CONSIDER UTILIZING YOUR LIFETIME GIFT EXEMPTION BY FUNDING A SPOUSAL LIFETIME ACCESS TRUST BE IN A POSITION OF STRENGTH SM

RECENT LEGISLATION INVOLVING FOREIGN TRUSTS AND GIFTS 1997 Robert L. Sommers

MICKEY R. DAVIS DAVIS & WILLMS, PLLC HOUSTON, TEXAS JULY 18, 2016

Introduction to the Federal Income Tax Issues of Filing Form 1041 for Estates and Trusts

BASIC ESTATE PLANNING FOR YOU AND YOUR CLIENTS

Planning After ATRA: The CPA s Guide to Financial and Estate Planning Portability A Planning Game-Changer But Not as Simple as It Appears

A Partnership Insured Entity Purchase Buy-Sell Plan

SUPPLEMENT A. IRC 1014(f): Basis Must Be Consistent With Estate Tax Return

Transcription:

WHAT EVERY ATTORNEY AND CPA NEEDS TO KNOW TO PREPARE AND REVIEW GIFT AND ESTATE TAX RETURNS Mark Scott, Principal Kaufman Rossin Miami, FL January 19, 2019

#1 KNOW YOUR STARTING POINT Analyze Prior Gift Tax Returns Prior Gift Tax Exemption Used Prior GST Tax Exemption Used Deceased Spousal Unused Exemption Was Gift Tax Previously Paid?

#2 WHEN IS A RETURN REQUIRED? Gift Tax Return, Form 709 04/15 of year after gift (use Form 4868 or 8892 for extension) if donor passes, then earlier of Form 709 due date OR Form 706 due date (with extensions) Estate Tax Return, Form 706 9 months after death (use From 4768 for 6 month extension) Generation Skipping Trust Returns : due by 04/15 Can be extended by filing Form 7004, automatic six (6) months 706-GS(T) trustee calculates and pays tax for trust terminations 706-GS(D-1) trustee reports taxable distributions to beneficiary 706-GS(D) skip person distributee calculates and pays tax due not necessary where inclusion ratio is zero If weekend/holiday, then next day not a weekend/holiday Caution: returns are often required even when no tax is due

#3 IF FILING A RETURN, MAKE IT COUNT! Statute of limitations is generally 3 years for IRS to challenge a return except for substantial omissions or items that are not adequately disclosed substantial omissions = 6 year SOL : charitable contributions undisclosed gifts = No SOL Treasury Regulations 301.6501(c)-1(f) describes the disclosure for gift and non-gift completed transfers necessary to commence SOL Disclosure Statements, Form 8275 and 8275-R positions that may be contrary to the Code or Regulations filed to avoid portions of the accuracy-related penalty, economic substance penalty, and preparer penalties that may be attributable to unreasonable positions Section 2704 Proposed Regulations : statement For gift tax returns reflecting spousal split gifts; adequate disclosure satisfied by consenting spouse if donor spouse s return satisfies the disclosure requirements

#4 ANNUAL EXCLUSION AND CRUMMEY RIGHTS Annual Exclusion: $14,000 per donor, per donee present interest outright gift to donee, with dominion and control of property Future Interest where gift if made to a trust where donee does not have outright ownership of property review trust agreement to determine if Crummey withdrawal right the withdrawal right can be limited writing where donor excludes person from withdrawal $5,000 or 5% of trust value (5 x 5 power) lapsing rights Remote contingent remainder beneficiaries Cristofani may apply

#5 GIFTING-SPLITTING OPPORTUNITIES AND ERRORS Both spouses must be U.S. citizens Split gift election must be made on the first return filed regardless of whether it is filed timely or late The election cannot be revoked unless it is made on a return filed prior to the due date of the original return. All gifts must be split if the election is made unless there are gifts that are prohibited from being split Gifts to a trust in which the consenting spouse has an interest cannot be split unless the interests of the non-spouse beneficiaries, or the consenting spouse s interest, are ascertainable Lifetime credit shelter trust / SLAT Crummey withdrawal rights

#6 THE SECTION 2642(C) GENERATION SKIPPING TRANSFER TAX ANNUAL EXCLUSION Transfer must be a direct skip For transfers to a trust: trust must have only one (1) beneficiary trust must be includible in the beneficiary s gross estate for estate tax purposes (e.g. beneficiary has testamentary general power of appointment) Transfer must qualify for the annual exclusion Ordering of gifts in a calendar year is critical

#7 AUTOMATIC ALLOCATION OF GST EXEMPTION TO LIFETIME TRANSFERS Section 2632(c) provides for the automatic allocation of taxpayer s unused GST exemption for indirect skips transfers made to GST Trusts A GST Trust is a trust that could have a generation-skipping transfer with respect to the transferor unless the trust meets one of the six exceptions, delineated in the Code exceptions generally relate to non-skip beneficiaries receiving certain percentages, CLAT/CRAT/CLUT series Applies whether a gift tax return is filed and regardless of whether the transfer qualifies for the annual exclusion Can elect out of or into automatic allocation Form 709, Schedule A, Part 3 for the current and for all future transfers Do not rely entirely on automatic allocation make an election

#8 LATE ALLOCATIONS OF GST EXEMPTION DURING LIFE Allocation of GST exemption to a trust AFTER the due date for timely reporting a transfer to the trust effective as of the filing date (rather than contribution date) amount of allocation is based on values as of date of filing the late allocation can elect to value the trust assets for allocation purposes as of the 1st day of the month can only be made as to the portion of the trust which the taxpayer is the transferor for GST purposes consider making late allocation where: the gifted assets have decreased in value; OR distributions have been made to non-skip persons

#9 RELIEF TO ALLOCATE OR FAILING TO ELECT OUT OF AUTOMATIC ALLOCATIONS If exemption not timely allocated, then a donor can obtain relief by requesting extension of time Section 2642(g) prescribes procedures where extensions will be granted: to make a timely allocation of GST exemption (even when technically late) to make election out of Section 2632 automatic allocation of GST exemption Treasury Regulations Section 301.9100-3 must show: taxpayer acted reasonably and in good faith; and grant of relief will not prejudice the government s interest It appears that the Service is generous in granting relief, but a request for PLR relief can be expensive to complete

#10 RETROACTIVE ALLOCATIONS AND THE PREDECEASED ANCESTOR RULE Retroactive allocation of GST exemption to a trust is available where a non-skip beneficiary: who is related to the transferor; below the transferor s generation; AND predeceases the transferor The amount of GST to retroactively allocate: can be based on the original contribution(s) value(s) must be made on timely filed return for the year of the nonskip beneficiary s death Predeceased ancestor rule: allows for GST tax to be avoided by permitting a related donee to move up a generation when his parent is deceased at the time a transfer is subject to gift or estate tax

# 11 FILING ESTATE TAX RETURNS FOR PORTABILITY Portability election is deemed to be made simply by timely filing a completed the Form 706 unless the executor opts out the election is irrevocable Can get 9100-3 relief for missed portability filings if the estate was not large enough to require a 706 under Section 6018 Cannot get 9100-3 relief for a missed portability filing for returns that are otherwise required to be filed under Section 6018 Reporting requirements are generally the same as returns for taxable estates meaning appraisals may be necessary reduced requirements for marital and charitable deductions Analyze the impact of taking deductions covered by Section 642(g) on the Form 706 versus the Form 1041

#12 NEW BASIS REPORTING REQUIREMENTS FORM 8971 AND SCHEDULE A Effective for estate tax returns filed after July 31, 2015 Section 6035 : estate s executor, where Form 706 is required to be filed, required to furnish: does not apply to portability filings file within the earlier of 30 days of the return due date or file date; to the IRS and each beneficiary acquiring property from the estate; a statement identifying the value of the asset inherited, as reported on the Form 706 File supplemental Form 8971 when asset values change Section 1014(f): basis for income tax purposes must not exceed the value reported on the decedent s Form 706 Penalties : 6662 (beneficiary income tax : 20% accuracy); 6721 & 6722 within 30 days ($50); after 30 days ($260); intentional disregard ($530); > $5MM receipts??? Inconsequential Errors/Omissions are never: Taxpayer s TIN; beneficiary s surname/address; asset value Power of Attorney, Form 2848 : fiduciary is taxpayer; matter is civil penalties; year or period is decedent s date of death in YYYYMM format