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Russia has long been designated as a technologically hostile nation. In the leadup to the conflict with Ukraine, Russia launched unprecedented, but predictable, cyber warfare operations against the Ukrainian government and civilian infrastructure. With the situation on high alert and Russia’s aggressive cyber attacks that go beyond Ukraine, a...

A Net Income with Makeup Charitable Remainder Unitrust (NIMCRUT) is a unique wealth planning strategy and is an effective means to maximize after-tax returns, as well as benefiting charities in certain circumstances common to high net-worth families and individuals. This article outlines some ideal circumstances and illustrates the significant diff...

Over the past decade, the Tennessee legislature has taken significant actions to provide a more practical statutory framework for trust administration. With the latest enhancements to the Tennessee's Uniform Trust Code, key revisions include changes to petition for approval of final accounting, discharge of fiduciary liability upon change of tr...

New regulations proposed by the IRS seek to address the basic exclusion amount for estate and gift taxes which was doubled in 2017 under the Tax Cuts and Jobs Act. The doubling of the exemption is scheduled to sunset on January 1, 2026. When this occurs, how can a donor lock in the increased exemption for years 2018 through 2025? New proposed regul...

A new U.S. Supreme Court ruling in the Kaestner case means that more out-of-state residents will be able to fully realize the benefits of Tennessee's progressive trust laws and zero income tax on non-residents. Previously, many states relied on the residence of a trust beneficiary as one of the criteria for taxing a trust. In essence, the new r...

There are various laws and issues to take into account when considering a state in which to form a Private Trust Company, including requirements around annual reporting, residency of personnel, and capital requirements. This report provides a side-by-side comparison of state PTC laws across key states: Ohio, Florida, Texas, and Tennessee.

As family offices consider their tax planning strategy, it is important for their tax attorneys, financial executives, and legal team to conduct an analysis of the Biden Administration’s Tax Proposal. This guide and in-depth review, which includes an overview of the proposals impacting high-income taxpayers, will help you prepare for the chan...

The U.S. House Ways and Means Committee has released its draft budget reconciliation bill. While the provisions presented are subject to ongoing negotiations, some are more likely to pass than others. In this summary, some key provisions of the proposal are highlighted, including the tax rates on long-term capital gains and trusts and estates, elim...

With the Corporate Transparency Act (the CTA) becoming effective on January 1, 2024, a final ruling was issued on the Access Rule that establishes the circumstances under which beneficial ownership information (the BOI) may be disclosed to authorized recipients. This alert discusses the key components of the Access Rule, including the security and ...

In today’s environment, it’s crucial for a company to have a compliance management system (a CMS) to manage risks associated with changing product and service offerings and also helps manage new regulations that are enacted to address developments in the marketplace. In this podcast, Consumer Protection attorney Anthony DiResta identifies the three...

In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennessee’s ...

Consumer Protection Attorney Anthony DiResta takes a look at the Federal Trade Commission's proposed rule to ban non-compete clauses in employment agreements. Mr. DiResta analyzes wide-ranging implications of the proposed rule and provides questions for companies to consider when submitting public comments on it. Download the file fo...

Migrating trusts from state to state can be challenging. Use this decision tree as a resource when transferring trust situs from one state to another or when modifying a trust agreement following migration to a new state.

The ownership and governance structure of a private family trust company (“PFTC”) is highly customizable. This is important because all families are different, with different goals, family dynamics, asset composition, family sizes, and family affiliates. With that in mind, there are some key considerations in structuring the entity owne...

In this podcast episode of "Corporate Transparency Talk," tax attorney Alan Granwell with Holland & Knight, offers a high-level overview of the Corporate Transparency Act (CTA), highlighting its aim to make companies disclose their real owners to fight illicit financial activities like money laundering and terrorism. Mr. Granwell explains how t...