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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.

When considering where to establish a Private Family Trust Company (PFTC), South Dakota is continually chosen as the top regulated PFTC jurisdiction in the United States. The low PFTC capital requirements and maintenance costs make the set-up an easier process. Other compelling reasons include asset protection, best privacy jurisdict...

Financial planning is a long-term process, so it’s important to begin by building a strong foundation upon which the rest of your plan can grow. The foundation of your plan is designed to provide financial stability and protection. With these features in place, now may be an excellent time to examine opportunities to grow your assets and ulti...

The passage of the Coronavirus Aid, Relief, Economic, and Security (CARES) Act brings much needed tax relief to individuals, families, and businesses. While the CARES Act provides many potential sources of relief, the focus here is on the key personal and business tax provisions in the Act, and how such measures can provide support in the short ter...

The coronavirus pandemic has upended markets, the economy, and people’s livelihoods. Few things feel like they’re under your control. When it comes to investing, what should investors and their advisors do? While it may be strange to contemplate why the pandemic could also reshape taxes, the choices you make around investment taxes...

Can a pandemic-induced market downturn become an opportunity for investors looking to modify their portfolios? Learn how constructive changes, including going from ETFs to tax-managed SMAs, can present the best chance to improve overall portfolio health.

At the core of philanthropy, charitable giving stems from a desire to benefit a cause or program. That desire is even stronger during turbulent times. When moving forward with your charitable giving, there are a few key points to keep in mind to help maximize your strategy, including tax incentives and planning opportunities that are available...

On April 30, the IRS released guidance providing that Paycheck Protection Program (PPP) loan borrowers may not deduct costs that are paid for with loan proceeds that are forgiven under the CARES Act. Additional guidance is provided on this and other provisions of the PPP, including loan forgiveness and mortgage interest obligations. While PPP loan ...

Businesses unable to apply in time for loans from the initial Paycheck Protection Program (PPP) allocation have another opportunity to submit an application after the U.S. Senate passed a bill appropriating additional funding for the program. Similarly, businesses that submitted loan applications which could not be approved by the SBA because of th...