Which Asset Transfer Strategy is Right for You?

Similar documents
THE DESIGN, FUNDING, ADMINISTRATION & REPAIR OF GRATS, QPRTS & SALES TO IDGTS

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

The Use of Pass-Through Entities in Asset Protection and Wealth Transfer Planning

Double Discounted Transfers

Advanced Wealth Transfer Strategies

Estate Freezing Techniques. For Producer or Broker/Dealer Use Only. Not for Public Distribution.

THE ESTATE PLANNER S SIX PACK

TRUSTS & ESTATES ADVISORY

Leveraging wealth transfer using a sale to a defective grantor trust

M&A Adding Value Through Pre-Sale Planning WS151896

GIFT AND ESTATE TAX PLANNING GUIDE

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

WEALTH STRATEGIES. GRATs and Sale to IDGTs: Estate Freeze Techniques

HOW ESTATE & ASSET PROTECTION CAN SAVE MILLIONS

Issues INSIGHTS AND. Wealth Transfer Strategies for Rising Interest Rates

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

Estate Planning With Grantor Trusts: Leveraging GRATs and IDGTs to Minimize Taxes, Preserve and Transfer Assets

Bring SPF. Take CPE. JULY 6, 7, & 8. Ocean City, MD Clarion Resort Fontainebleau Hotel

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

Estate Freeze Transactions

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

REMOVING ASSETS FROM THE TRANSFER TAX SYSTEM PRACTICAL CONSIDERATIONS. Louis A. Mezzullo McGuireWoods LLP

QUALIFIED PERSONAL RESIDENCE TRUST CAUTION:

HERMENZE & MARCANTONIO LLC ADVANCED ESTATE PLANNING TECHNIQUES

ALI-ABA Course of Study Estate Planning in Depth

Estate Planning. Uncertain Times. IRS Circular 230 Disclosure

Qualified Personal Residence Trust (QPRT)

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

INSURANCE & INVESTMENT PLANNING UNDER THE NEW TAX RULES

Utilizing Today s Real Estate Market to Increase Your Wealth

Intentionally Defective (?) Grantor Trusts

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

Estate Planning for Small Business Owners

Tax Planning Considerations for 2015

Sale to a Grantor Trust (SAGT)

Sale to an Intentionally Defective Irrevocable Trust

APPENDIX. Live Once, Plan Often

Transferring a Business Through Gifting and Trusts

Individual year-end planning and tax law updates

GRANTOR RETAINED ANNUITY TRUSTS

Private Company Owner Exit Strategy: Window of Opportunity. Joseph Sleeth, Partner

General Advantages of Giving

Estate and gift tax provision highlights

How To Use an Intentionally Defective Irrevocable Trust To Freeze an Estate

Grantor Trusts. Maine Tax Forum

Wealth Transfer Planning in 2012: Perfect Storm of Opportunity

ENGINEERED CAPITAL GAINS TRANSACTIONS THE ULTIMATE TRANSACTION The Numbers - California

Sale to an Intentionally Defective Irrevocable Trust

Eaton Vance on Washington

Trusts & Estates Notes

TWO-YEAR WINDOW FOR GIFT TAX PLANNING OPPORTUNITY

Travers & associates

ESTATE PLANNING GEMS

Reunion Weekend 2018

Tax Bulletin: 2017 Year-End Tax Planning Considerations

Link Between Gift and Estate Taxes

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

CH.15 Non-Donative Property Transfers

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

Typical Succession Scenario

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

Using a Grantor Retained Annuity Trust (GRAT) for Wealth Transfer Purposes. Private Wealth Advisory

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)

Succession & Estate Planning Opportunities: Creating a Company Legacy

Wealth Transfer and Charitable Planning Strategies. Handbook

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

Wealth Design Summary

Grantor Annuity Trust A LEGACY OPPORTUNITY IN A LOW INTEREST RATE ENVIRONMENT

WEALTH TRANSFER STRATEGIES FOR FAMILIES DECEMBER 13, 2018

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

PROOF. Planning for Large Estates Through 2012

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

STEVE R. AKERS Bessemer Trust 300 Crescent Court, Suite 800 Dallas, Texas (214)

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

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

Charitable Remainder Trusts

Estate Planning E s t

The. Estate Planner. A simple strategy Pair an IDGT and an installment sale to pass on your business

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

Spring 2011 Issue # 2. Introduction. Grantor Trusts & Intentionally Defective Irrevocable Trusts (IDITs) Issues & Uses in Estate Planning

The Obama Administration s Fiscal Year 2014 Tax Proposals That Pertain to Estate Planning

What s News in Tax. To Plan or Not to Plan? Estate Planning during Unpredictable Times. Analysis that matters from Washington National Tax

Estate Planning E s t

Law.com Home Newswire LawJobs CLE Center LawCatalog Our Sites Advertise

QUALIFIED PERSONAL RESIDENCE TRUST ( QPRT ) General Planning Memorandum

2012 TO 2013 TAX TRANSITIONS SUMMARY

PREPARING GIFT TAX RETURNS

BUSINESS OWNER ESTATE PLANNING CONCERNS AND STRATEGIES. Gregory S. Williams and Keith A. Wood Carruthers & Roth, P.A.

PRELIMINARY PLANNING STRATEGIES

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

Estate Planning in 2019

DEMYSTIFYING GRANTOR TRUSTS. Audrey Patrone Peartree, Esq. Megan F. Barkley, Esq.

WEALTH STRATEGY REPORT

Planning with Gift Annuities

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

TOPIC: It s Déjà Vu: Planning (Again) in the Face of Uncertainty - Estate Freeze Series: Zeroed-Out GRATs.

Wealth Transfer. Shark Fin CHARITABLE LEAD ANNUITY TRUST

WILLMS, S.C. LAW FIRM

Cushing, Morris, Armbruster & Montgomery, LLP. Some Tax-Efficient Ways of Making Gifts

BUSINESS SUCCESSION PLANNING FOR ESTATE PLANNERS

Transcription:

Which Asset Transfer Strategy is Right for You? August 27, 2014 Larry Powell CSH Dave Benedetto Taft Mark Gaudet CSH Andy Woods Taft

First Webinar: Is Estate Planning Still Important With A $5 Million Exemption? An on-demand version of the webinar can be found on Clark Schaefer Hackett s website at www.cshco.com under the Guidance<Webinars section or can be found directly through the link provided below: http://www.cshco.com/event/estate-planning-still-important-5- million-exemption/

Discussion Outline I. Current Environment for Estate & Gift Tax Planning II. Common Estate & Gift Planning Techniques Grantor Retained Annuity Trusts (GRAT) Intentionally Defective Irrevocable Trusts (IDIT) Qualified Personal Residence Trusts (QPRT) III. IV. Income Tax Benefits Which Approach is Best for You?

Section I Current Environment for Estate & Gift Tax Planning

Current Environment for Estate & Gift Tax Planning Less restriction on gifting techniques (discounting, GRAT terms, etc.) o o Administration s Greenbook discusses 10 year minimum term on GRAT s Treasury proposals on limiting valuation discounts for family transfers Uncertainty of the future (deficit concerns, Congressional discord, etc.) Low interest rates High exemption amounts (historically) Low transfer tax rates (historically) How much revenue does the government need?

Current Environment for Estate & Gift Tax Planning Income Tax Considerations Estate Planning Transfer Tax Considerations Non-Tax Considerations Income Tax Rates vs. Transfer Tax Rates Basis Considerations Gift Basis Death Basis Unaffected Basis (Grantor Trusts) Grantor Trusts Gift Tax Estate Tax Generation-Skipping Transfer Tax Valuation Discounts Non-Taxable Transfers GRATs Gift Exclusions Grantor Trusts (payment of someone else s income tax) Where do you want your property to go? Charitable Planning Held in Trust (restrictions on access to the assets) Asset Protection

Section II Common Estate & Gift Planning Techniques

Common Estate & Gift Planning Techniques We will have a detailed discussion on three popular wealth transfer techniques o o o Grantor Retained Annuity Trusts (GRAT) Intentionally Defective Irrevocable Trusts (IDGT) Qualified Personal Residence Trusts (QPRT) We will discuss how these techniques can be powerful tools in transferring wealth at potentially low transfer tax costs

Common Estate & Gift Planning Techniques GRAT A Grantor Retained Annuity Trust (GRAT) is an irrevocable trust in which a grantor transfers property for the benefit of one or more beneficiaries and retains an annuity interest for a term of years. Each year the GRAT will pay the Grantor a fixed annual annuity as defined by the terms of the Trust and IRC Section 7520 rate at time of funding. The annuity may be structured as either a fixed amount each year or an escalating payment each year (not to exceed 120 percent of previous years payment).

Common Estate & Gift Planning Techniques GRAT (Cont d) At the end of the Trust term, any remaining property in the GRAT passes to the remainder beneficiaries with no further gift tax consequences. The amount of the taxable gift for transfer tax purposes is the Fair Market Value of the property transferred minus the value of the Grantor s retained annuity interest. GRAT may be structured so that the Grantor s Retained Annuity s Actuarial Value is almost equal to the value of the property transferred, therefore resulting in little gift tax consequences.

Common Estate & Gift Planning Techniques GRAT Example Taxpayer (Grantor) (1) Gifts $1.0 mm of XYZ Company stock to GRAT Grantor Retained Annuity Trust (GRAT) (3) Taxpayer Reports taxable gift to IRS Internal Revenue Service (2) GRAT pays annual annuity to taxpayer as defined by terms of Trust (4) At end of GRAT term, Trust remainder passes to beneficiaries Beneficiaries Assumptions 5 year term IRC Section 7520 Rate = 1.4% Total return of stock = 6% Grantor transfers $1.0mm of XYZ Company stock to GRAT in February 2014

Common Estate & Gift Planning Techniques GRAT Economics Fixed Payout Year Beginning Principal Annual Income Annuity Payment Remainder 1 1,000,000 60,000 208,477 851,523 2 851,523 51,091 208,477 694,137 3 694,137 41,648 208,477 527,308 4 527,308 31,639 208,477 350,470 5 350,470 21,028 208,477 163,021 Summary $205,406 $1,042,385 $163,021 Summary results Annuity paid to taxpayer over term of GRAT => $1,042,385 Projected remainder to Trust beneficiaries => $163,021 Taxable gift reported to IRS => $1

Common Estate & Gift Planning Techniques GRAT Economics Escalating Annuity Payout Year Beginning Principal Annual Income Annuity Payment Remainder 1 1,000,000 60,000 140,780 919,220 2 919,220 55,153 168,935 805,438 3 805,438 48,326 202,723 651,041 4 651,041 39,062 243,267 446,836 5 446,836 26,810 291,920 181,726 Summary $229,351 $1,047,625 $181,726 Summary results Annuity paid to taxpayer over term of GRAT => $1,047,625 Projected remainder to Trust beneficiaries => $181,726 Taxable gift reported to IRS => $1

Common Estate & Gift Planning Techniques IDIT Intentionally Defective Irrevocable Trust is an Irrevocable Trust that is not included in the grantor s gross estate and transfers of property to trust are completed gifts for gift tax purposes. However, income from the trust is taxable to the grantor. IDITs are a powerful estate planning technique that reduces a grantor s taxable estate through asset transfers and payment of trust tax liability by grantor. Grantor establishes an IDIT and then sells assets to the trust for an installment note. The installment note pays the lowest amount of interest based on the Applicable Federal Rate (AFR). Any appreciation of the trust assets above the AFR is transferred to the trust beneficiaries without any additional transfer taxes.

Common Estate & Gift Planning Techniques IDIT Example Grantor (3) Grantor pays gift tax on initial seed to IDIT IRS (1) Grantor transfers cash to IDIT as a seed gift (at least 10% of proposed sale) (2) Grantor sells company stock to IDIT for an installment note at current AFR. (4) All income tax attributes are reported by grantor. Intentionally Defective Irrevocable Trust (IDIT) Beneficiaries (5) Once note to grantor has been paid, stock and appreciation transfer to trust beneficiaries. Note Grantor will pay gift tax upon initial funding of IDIT. Interest income on note payable from IDIT not taxable to grantor as a result of Grantor Trust. Note payable from IDIT may be structured as balloon note. Company stock and appreciation pass to beneficiaries with no additional gift tax consequences.

Common Estate & Gift Planning Techniques QPRT Can only be used with a personal residence. Grantor transfers personal residence to QPRT and retains a term interest. QPRT is a way to make a gift with a built in discount based on a retained term interest. Unlike a GRAT, transfer tax savings may be realized even if the residence does not appreciate in value.

QPRT ILLUSTRATION Transfer Date: 8/2014 7520 Rate: 2.20% Principal: $2,000,000 Grantor s Current Age: 60 Term of Trust: 12 After-Tax Growth: 5.00% Comb. Death Tax Bracket: 40.00% With Reversion? Yes Grantor s Age When Trust Terms Ends: 72 Value of Nontaxable Interest Retained by Grantor: $749,860 Taxable Gift (Present Value of Remainder Interest): $1,250,140 Property Value After 12 Years: $3,591,713 Potential Death Tax Savings: $936,629 (Combined Bracket times [Value of Property minus Taxable Gift]) Qualified Annuity that Must be Paid Annually if Entire Trust Ceases to be a QPRT: $77,862

Section III Income Tax Benefits

Income Tax Benefits All three of the techniques discussed previously are taxed as grantor trusts. Thus, 100% of the income is taxable to the grantor. This is a very important benefit as the tax paid further reduces the estate of the grantor, and increases the value that is transferred to the beneficiaries.

Section IV Which Approach is Best for You?

Which Approach is Best for You? The Power of Flexibility. No one size fits all approach. Ensuring non-tax objectives are met.

Questions on Estate Planning? Questions Let s hear it! Larry Powell CSH lpowell@cshco.com Dave Benedetto Taft dbenedetto@taftlaw.com Mark Gaudet CSH mgaudet@cshco.com Andy Woods Taft amwoods@taftlaw.com

Which Asset Transfer Strategy is Right for You? August 27, 2014 Larry Powell CSH Dave Benedetto Taft Mark Gaudet CSH Andy Woods Taft Thank You!