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A guide to minimizing the after-tax proceeds from the sale of a family business. According to the article, legal exit preparations involve a 3-step process: due diligence investigations (i.e., public searches, review of minute books and key contracts, etc.); identify any 'skeletons' and consider what options exist to remedy or neutralize them; fina...

This article deals with the use of the Delaware Asset Protection Trust to save taxes, protect assets, protect estate planning vehicles and provide options for non-resident aliens.

The benign legislative environment for trusts has been disrupted over the last decade or so by significant trust reform. The purpose of this article is to discuss the Uniform Principal and Income Act (the "Act") from the perspective of trust professionals.

This article provides guidance in the light of new IRS rules on the boundaries between legitimate business vs. pure entertainment use of a private jet. Preventing abuse is important in avoiding excessive tax liabilities since when aircraft use is "entertainment," the company loses its ability to deduct (by disallowance) some aircraft ownership and...

The three taxpayers involved in the Gaines-Cooper case lost before the Court of Appeals because evaluating an individual's status of residence involves difficult questions of fact and judgment, and the taxpayers could not show that the Revenue and Customs Commission had applied guidance incorrectly. In this review of the decision, Deloitte recommen...

A directed trustee is chosen to advise a trustee on investment or distribution decisions for a trust. But as key decision-makers, directed trustees face potential liability. This article by Richard Nenno of Wilmington Trust Corp. explores the role of directed trustees, examines statutes and case law and looks at how these trustees can limit their l...

The Supreme Court recently decided the Knight case (Knight v. Comr., No. 06-1286, 101 AFTR2d ¶2008-380), affirming the Rudkin case, Rudkin v. Comr., 467 F.3d 149 (2nd Cir. 2006), which limits trust deductibility of investment management expenses, effectively increasing the taxes imposed on trusts which use professional investment managers.

Investors are well advised to take into account the interest rate environment when considering wealth transfer options. Interest rates are important when establishing trusts, reviewing existing estate plans, and lending money to family members. With interest rates declining, the current rates used to value wealth transfers are now near historic lo...

Undivided fractional interests in real estate held as tenants-in-common (TIC) may be exchanged for likekind property under Section 1031 of the Internal Revenue Code. The availability of Section 1031 taxdeferred treatment for transfer of TIC ownership interests presents today's investors with expanded investment opportunities but comes with new type...

This paper explores the tax-management strategy of realizing long-term capital gains in a portfolio of equities and quantify how much it can add to after-tax performance. This approach is counter to the more common strategy of deferring the realization of capital gains as long as possible while only realizing capital losses. It also evaluates the a...

This article deals with the legal status of prenuptial agreements under English law.

The lifetime credit shelter trust offers a way to lock in the benefits of the increased lifetime gift exemption of $5 million per person, as provided in the Tax Relief Act of 2010, without giving that much away immediately. One spouse can set up the tax-sheltered trust for the other without paying any gift tax, or they each can set up a trust of as...

Expected changes in gift, estate, and generation-skipping taxes after 2012 has led many families and advisors to conclude that 2011-2012 presents a valuable, two-year window of opportunity to update estate plans. However, certain developments suggest the best results may be obtained by acting sooner rather than later.

The increase in the lifetime gifting limit, combined with the temporary nature of the current estate and gift tax law, open a window of opportunity for wealth transfer. Leveraged gifts can safeguard the benefits of this situation by compressing the value of the gift for tax purposes while amplifying the impact of the wealth transfer.

President Obama's proposed budget for fiscal year 2012 includes a reduction in the real estate exemption, a minimum 10-year term for new GRATs, and restrictions on valuing family-controlled entities as well as higher tax rates and reduced savings from itemized deductions for higher-income individuals.