When the Tax Cuts and Jobs Act (TCJA) was passed in late 2017, the “sunsetting” of many of the provisions in 2026 seemed far away. Among those of benefit to high-net-worth individuals was the increasing of the gift, estate and generation-skipping transfer tax exemptions to $11.18 million per person ($22.36 million for married couples) for 2018. The tax exemptions are indexed annually for inflation through December 31, 2025. For those who can afford to use the higher exemption, learn what’s at stake and what needs to happen before the exemption is significantly reduced.
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It may seem that there will always be time to address estate planning. However, a unique opportunity to maximize the amount of wealth that can be tax-efficiently passed to heirs will expire at the end of 2025. Furthermore, legislation could curb lifetime exemption limits even sooner. The opportunity is even more pressing because the current market downturn represents an especially advantageous time to optimize your taxable estate before markets eventually recover.
Choosing a trustee is a major decision—one that may impact you and your family in many ways for generations to come. Essentially, when you establish a trust for the benefit of others, you are handing down your values through the terms of the trust and your contributed financial assets. And with an increasing number of trusts lasting for multiple generations—and even into perpetuity in some states—it’s important to understand the role of a trustee, how to select a trustee, and the advantages to naming both a corporate trustee and an individual trustee.
For one reason or another, many families are reevaluating and modifying their fiduciary structures. To assist in these discussions, a reference summary of state laws is provided for consideration when establishing wealth transfer plans and structures, including taxation, trust laws, asset protection, and regulated and unregulated private trust companies. This updated summary includes a broader aggregation of top U.S. trust jurisdictions, including Wyoming, Alaska, Delaware, Nevada, New Hampshire, South Dakota, and Tennessee.
Residents in 43 states pay state income tax, with the highest rate being 13.3%. When combined with the top federal marginal tax rate and the net investment income tax, residents subject to the highest state income tax rate could face a total levy of 54.1% of income. As a result, those residents are interested in finding ways to mitigate the tax. An incomplete gift non-grantor trust (ING trust) could be the answer.
Beginning with the trustee fiduciary duties to the beneficiaries of a trust, attorney Abbey Magnuson of Foley & Lardner’s Estate & Trusts Practice Group discusses ways to mitigate trustee liability in this 10-minute interview with Brian Lucareli. Abbey also emphasizes the role Family Offices play in the administration of trusts and how they can help lessen trustee liability issues. *Download file for a transcript of the interview. Press play to listen.
With more business families going global, it’s imperative that family businesses consider the tax implications as well as the business and personal factors when planning a family business transfer. In this report, KPMG offers two case studies on taxing family business transfers and the significant disparities between tax regimes. The report also compares the vastly different tax implications of transferring the family business through gifting during the owner’s lifetime (including on retirement) and through inheritance across 57 countries, territories, and jurisdictions worldwide.
FOX’s annual estate planning webcast will lead participants through a thoughtful discussion of some of the most important topics and developments that were addressed at the 57th Annual Heckerling Institute on Estate Planning. Key legislative, regulatory, and case law updates impacting ultra-high net worth families and their family offices will be covered. Mandy Chardoul, Partner, Plante Moran Troy Farmer, Director, Regional Wealth Strategist, FORVIS Scott Winget, Enterprise Market Leader, FOX
Having an estate plan is essential when it comes to protecting your assets and ensuring your legacy. In this easy-to-understand introduction, learn the ABCs of estate planning and discover what makes up a will, a living trust, and much more.
Historically, beneficiaries learned of wealth transfer plans only after the death of the grantor. However, this approach often leads to unanswered questions and, potentially, feelings of betrayal when expectations for future gifts are left unmet. There are several planning tools, including a Statement of Wealth Transfer (SOWTI), that can facilitate a more harmonious and purposeful transfer of both wealth and family values. From this workbook with sample approaches and thoughtful questions on defining wealth and the role of trusts, learn how to develop your own SOWTI.