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The IRS released its second set of proposed regulations under Internal Revenue Code, Section 1400Z-2, Special rules for capital gains invested in opportunity zones. While some questions remain unanswered, it provided much needed guidance for investors, fund managers, developers, and sponsors pertaining to qualified opportunity zone business propert...

There has been much discussion regarding the Qualified Opportunity Zone program established via the Tax Cuts and Jobs Act in 2017 because of potential tax advantages. This program aims to incent long-term private sector investment in low-income communities nationwide while allowing investors to potentially defer and partially reduce capital gains t...

Traditional benchmarks don’t work for taxable investors seeking to put their after-tax performance in perspective. The solution are customized benchmarks, which means knowing how to calculate your own personal index. It’s not a simple task, but it’s essential for any manager who wants to look credible in the tax-management sp...

Grantor retained annuity trusts (GRATs) have been a popular and effective wealth transfer strategy for U.S. families in recent decades. This has been true across various market conditions because their potential upside is so high and downside so low—and GRATs are even more compelling at a time of market volatility. Yet despite their advantage...

While recent years brought concrete wealth planning changes with the latest tax legislation, 2020 sees families and their advisors preparing for the unknown. U.S. presidential and congressional elections will unfold against a backdrop of equally impactful societal changes—including rising healthcare costs, evolving technology, increasingly gl...

If you are a global family and are considering an investment in the United States, you may have questions about the U.S. tax rules. Through a series of 10 key questions, answers are provided to help the non-U.S. individual investor better understand the U.S. tax system. Other takeaways, including reporting obligations and privacy concerns, may help...

Over the years, many families and their advisers have come to find that the State of Delaware is a trust-friendly jurisdiction that promotes modern laws and attractive income tax advantages. This paper highlights the most significant legal and tax benefits for nonresidents, and their professional advisers, who may be considering whether to establis...

On June 21, 2019, the Supreme Court of the United States issued a unanimous opinion finding that North Carolina’s imposition of an income tax on trusts based solely on the residence of a trust’s beneficiaries is unconstitutional. While Kaestner 1992 Family Trust presents an obvious win for taxpayers, its application beyond the state of ...

There is a growing desire to combat money laundering as part of the ongoing worldwide efforts against terrorism, and a crackdown on tax evasion has been recognized as one way to satisfy the urgent need for more government revenue. These dual motivations have led to the extension and enactment of new reporting standards regarding foreign financial a...

In the absence of proper planning, the death of an owner of a closely held business may lead to an estate tax liability that can devastate the business, even with the increased federal estate and gift tax exemption under the 2017 tax legislation. While business owners often desire to keep a family business within the family upon death, failure to p...

Lawmakers are well aware of the significant contributions to economic and job growth made by small businesses. As a direct incentive for starting and investing in small businesses, Congress has provided varying levels of beneficial treatment in the tax code for Qualified Small Business Stock (QSBS) since 1993. With the recent tax laws, including th...

When it comes to trust mapping or developing an estate distribution summary for a family, it is critical to align the family’s expectations with the level of overview they want to see. A list of best practices, an example of a simplified estate distribution summary, and a detailed trust map are provided as guidance. The goal is to have a one-page p...

Every year, life insurance carriers capture approximately $25 billion of economic value from policy owners and trust beneficiaries when the policies of older insureds are surrendered or allowed to lapse. Of that amount, high-net-worth families forfeit around $10 billion because they weren’t aware of how they could recapture the value of those...

Through thoughtful planning, there are ways to anticipate many possible issues—including the unanticipated—when doing your long-term and perpetual intergenerational trust planning. Consequently, detailed and flexible trust drafting is generally very helpful.