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There is great responsibility when serving the ultra-high net worth clients, especially those who are concerned about preserving a family legacy and the successful transfer of their wealth and/or business. In this issue of Family Wealth Advisors Insights, three areas of concerns are addressed for the advisors and their families: maximizing their foundation endowment funds for social impact; what business owners need to know about their 2018 taxes; and the rise of self-made female billionaires and what it means for the future of philanthropy in the U.S.

In December of 2017, the U.S. Tax Court decided in the Lender Management, LLC v. Commissioner case that deductions that were part of a taxpayer’s trade or business were deductible under Section 162; however, deductions under Section 212 were suspended through tax year 2025. Following the suspension of the 2-percent miscellaneous itemized deductions, family offices should consider whether entity restructuring will enable them to deduct expenses under Section 162, rather than under Section 212.

Many nonresidents of the U.S. are unaware that they may be subject to U.S. estate tax based on their ownership of U.S. situs assets. This can can lead to unexpected results for foreign taxpayers who invest in U.S. assets during their lifetime. After the foreign taxpayer’s death, the executor of their estate may have U.S. tax reporting requirements related to U.S. situs assets. There are planning opportunities to reduce or eliminate a nonresident’s U.S. estate tax.

Charitable giving in the U.S. has grown to record levels in recent years, and donor-advised funds (DAFs) account for nearly 10% of all U.S. charitable giving. Learn why benefits such as tax savings, modest costs, and increased flexibility and convenience can make DAFs an attractive option for those looking to donate.

The fundamentals of CLO investing are largely unchanged since the earliest days of the market. Analysts must still make judgments about the three key components of any CLO: portfolio, structure, and manager. Each of these components presents a complex mix of risk and value that must then be evaluated holistically—in aggregate. When investing in CLOs, it is best to follow a rigorous process and framework that allows for consistency while also adapting to different investment strategies and market conditions.

Both New York State and New York City have recently passed a series of laws that significantly increased the protections against sexual harassment in the workplace. These laws outline additional and specific requirements—including the adoption of anti-sexual harassment policies and training—that employers must comply with over the next year.

As the office of the controller becomes ever more strategic—creating higher levels of financial visibility to help drive growth and profitability—the financial organization’s relationship to the controller role must evolve as well.

In order to sustain their businesses for the long term, successful business owners tend to be thoughtful in their investments. They act like chess masters, deciding their next five moves in order to maintain a competitive edge and stay in the game. Yet throughout this business cycle, the RSM US Middle Market Business Index has shown that middle market leaders have been slow to increase capital expenditures, despite incentives provided in the 2017 Tax Cuts and Jobs Act. This is concerning in light of today’s rapid pace of business transformation.

With the passage of the recently enacted Tax Cuts and Jobs Act, a significant opportunity exists for investors to defer capital gains tax owed via the establishment of the newly created Federal Opportunity Zones (the “O-Zones”). By investing in Qualified Opportunity Funds, investors can defer tax on capital gains that arose in the last 180 days or prospectively in 2018 and future years.

Incentive trusts are typically defined as trusts with provisions to encourage or discourage certain types of behavior and promote family values. Despite their appeal, they remain underutilized. One of the key reasons for this is that they’re somewhat impractical when used with traditional types of trust administration. Rather than relying on one-stop shopping full service or delegated trustees, the best incentive trusts generally require several family members and trusted family advisors to act as distribution fiduciaries, advisors, and mentors.