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A GRAT is an estate freeze technique used in estate planning to minimize taxes on large financial gifts to family members. Under this technique, an irrevocable trust is created to which the grantor transfers income-producing or appreciating property in return for the right to receive a distribution of a fixed annuity amount from the trust (at least...

With the passage of the Tax Cuts and Jobs Act at the end of 2017, more family businesses are examining their corporate structure and considering the tax implications. Specifically, companies that are currently structured as “pass-through” entities (e.g., an S corporation, partnership, or LLC taxed as an S corporation or partnership) are...

The Department of Treasury and Internal Revenue Service has issued initial proposed regulations and instructions for investments in qualified opportunity funds (“QOF”), a program designed to incentive the reallocation of capital to designated low-income census tracts. This long-anticipated guidance is expected to allow investors, busine...

The Tax Cuts and Jobs Act of 2017 created new incentives for investment into certain communities throughout the United States that have been designated as Qualified Opportunity Zones (QOZs) by the U.S. Treasury Department. Investors can take advantage of the statute’s unique opportunity for deferral and exclusion of capital gains taxes by inv...

One year has passed since significant tax law changes were enacted in December 2017. The overall impact of the Tax Cut and Jobs Act of 2017 (TCJA) on estate and tax planning for individuals and their families is close to what we expected—it’s been a mixed bag for taxpayers. We take a closer look at the major changes—and the winner...

The 2017 Tax Cuts and Jobs Act left many of the rules and laws pertaining to retirement planning unchanged. However, the Act did change the tax landscape for many by lowering overall tax rates for individuals and businesses and changing deductions. Given this new landscape, there are additional opportunities and new twists for taxpayers to be mindf...

Creating a truly effective board doesn’t happen by accident. From selecting the right people, to running crisp meetings, to fostering good working relationships with management and one another—boards are tasked with many decisions that impact how well they function. Over time, boards fall into routines for how they operate. But how many regularly l...

The Tax Cuts and Jobs Act of 2017 created a new tax incentive, the Qualified Opportunity Fund (QOF), designed to encourage long-term investment in low income communities. The QOF has stirred substantial investor excitement, but the lack of guidance before the issuance of the Proposed Regulations has frustrated the investment bankers ...

For the investors who like the tax benefits of Section 1031 (aka “Like-Kind”) Exchanges, they should consider a new option for sheltering real estate capital gains: Qualified Opportunity Zone Funds (QOZF). These funds have arisen as a result of the Tax Cuts and Jobs Act of 2017, which designated Qualified Opportunity Zone...

Is philanthropy one of your top priorities? One way to make your estate plan more philanthropic is through a Charitable Remainder Trust (sometimes called a CRT, CRUT, or CRAT, depending on the form it takes). The Trust is created until the end of the trust term or the death of the last beneficiary. At the end of the trust, whatever is left over (th...

Families with complex assets, such as family businesses, as well as those who have portfolios managed by multiple advisors, may find trustees reluctant to administer their trusts. This is because, in many states, the trustees remain liable for the actions of delegated third-parties or even named advisors. Delaware directed trusts can alleviate this...

The U.S. Supreme Court will revisit state tax nexus for the second year in a row after granting North Carolina’s petition for certiorari in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust (Docket No. 18-457). Kaestner and Fielding could have significant implications on the state taxation of trusts. All multista...

Irrevocable trusts have been part of estate planning for years. They have been used for a variety of purposes, such as to remove assets from a person’s estate in order to reduce taxes, to protect assets from creditors, and to provide management of assets for beneficiaries. However, many do not like the idea that the trust is irrevo...

Individuals with disabilities and their families have many options to set aside funds without jeopardizing eligibility for means-tested government benefits, but most of the options require the person with a disability to lose control over his or her own money. With the Stephen J. Beck Achieving a Better Life Experience (ABLE) Act, people with disab...

For companies doing business in multiple states, determining state tax responsibilities has always been a challenge. However, 2018 was a notably busy year. The Tax Cuts and Jobs Act (TCJA) brought federal legislation that left states needing to react quickly, and with tax reform 2.0 looming, the challenges are not over. In our state tax recap, we e...