ABA Heckerling Reports from the 2016 Heckerling Institute

For the past 17 years, the American Bar Association Section of Real Property, Trust and Estate Law with the permission of the University of Miami School of Law, releases several extensive reports highlighting the various lectures and proceedings of the Heckerling Institute, one of the nation’s largest estate planning conferences, held every year in January. This past January 2016, marked the 50th Annual Heckerling Institute.  To view, download and access these extensive reports, please click here to visit the ABA’s website. Further, at the above website, you can also access reports from prior Heckerling Institutes as well. We, at The…

Should You Leave Assets in Trust for a Financially Savvy Beneficiary?

Download Printable Article By Jeremy Spackman, Esq. Absolutely! Traditionally, leaving assets to a beneficiary in trust, especially a financially savvy beneficiary, has been viewed as restricting the access and control the beneficiary would have over his or her inheritance. The common thought was that only spendthrifts should receive their inheritance in trust (with a third party in control of the trust), while the financially savvy beneficiary should receive his or her inheritance outright. This is not ideal since receiving an inheritance outright exposes those assets to the beneficiary’s creditors, including divorcing spouses. Instead, clients should leave assets to financially savvy…

Traps of Swap Powers

Download Printable Article By Martin M. Shenkman, CPA, MBA, PFS, AEP, JD Swap powers have proliferated like Tribbles (you are a Trekkie aren’t you?). Most trusts that are created are structured to be grantor trusts so that the income is taxed to the settlor creating the trust. That continues to reduce the settlor’s estate by the tax paid on income inside the trust. Grantor trusts often include a swap or substitution power that permits the settlor to swap cash into the trust for appreciated trust assets. Swaps are a key to obtaining the new tax planning holy elixir of basis…

Harvesting Capital Losses

Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA The recent volatility in the stock market should reinforce the idea that it’s not what you earn that counts, but what you keep. In 2013 the top tax rate on dividends and long-term capital gains increased from 15% to 20%. When the 3.8% surtax on net investment income is added, the total tax rate on interest, rents, dividends, annuities, royalties, non-business capital gains and passive activities can increase the total tax rate to as much as 23.8% for long-term capital gains. Over time, taxes can have a profound…

Release of 1st Annual Non-Grantor Trust State Income Tax Chart

Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) The 1st Annual Non-Grantor Trust State Income Tax Chart is a two-page summary of the non-grantor trust state income tax rules in all states and Washington, D.C. The Chart can be accessed by clicking here. Each state and Washington, D.C. is listed in alphabetical order with the applicable statutory cite that is linked to the online taxing statute. Each jurisdiction’s taxing rules are described briefly so the user can generally know the rules without having to read through the entire statute. The online user should always click the link to…

Federal Income Tax Planning for Trusts

Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA Following the American Taxpayer Relief Act of 2012 (ATRA), federal income tax planning for trusts is more important than ever. A new 39.6% bracket was added for ordinary income and a new 20% bracket was added for long-term capital gains. Moreover, if the new 3.8% net investment income tax (NIIT) is factored in, the top tax rates are now as high as 43.4% for ordinary income and 23.8% for long-term capital gains. Fortunately, there are a number of tax planning strategies available. These include: (1) Shifting trust income to…

Robert Keebler’s Portability After the Final Regulations Briefing

On June 16, 2015, the IRS released the final regulations pertaining the Portability.  The most important issue is confirmation that late corrective elections are available for gross estates under the basic exclusion amount and not available for gross estates exceeding the exclusion. If you have clients (or prospective clients) with sizable income from interest, dividends, rents, capital gains or royalties, you can become a “hero” and their most talked-about advisor. The IRS has now issued its Final Regulations, effective June 12, 2015, and it appears that this new tax is far more complex than originally thought. To help you navigate…

The Two-Year Installment Sale

Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA From 2003 to 2012, the long-term capital gains rate was 5% for taxpayers in the two lowest ordinary income tax brackets and 15% for all other taxpayers. The American Taxpayer Relief Act of 2012 (ATRA) added new progressivity to the tax rates, setting the long-term capital gains rate at 0% for the 10% and 15% ordinary income tax brackets, 15% for the 25% and 35% ordinary income brackets and 20% for the 39.6% ordinary income tax bracket. This progressivity greatly increases the importance of spreading out large long-term…

New Single Member LLC Veil Piercing Case Is a Wakeup Call to Attorneys and Spells Opportunity

Download Printable Article By Mason D. Salisbury, J.D. The case in point is the Wyoming Supreme Court’s Greenhunter Energy, Inc. v. Western, 2014 WY 144, 2014 WL 5794332 (WY S.C., Nov. 7, 2014). First and foremost, Greenhunter reminds us that single member LLCs (“SMLLCs”) really do get pierced! But contrary to some initial reactions, Greenhunter is not the death knell for SMLLCs as asset protectors, far from it! The better take on Greenhunter with its emphasis on the multipart State court analysis of SMLLC piercing “factors” is twofold. One, Greenhunter is most certainly a wakeup call to drafting attorneys that…

Mastering Portability

Download Printable Article By: Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA An important provision within the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (“2010 Tax Relief Act”) allows an executor of an estate of a married decedent the option to transfer any unused estate tax exemption amount to the surviving spouse.[1] Thus, for example, if a decedent used only a portion of his or her estate tax exemption, the estate could elect to have the remaining portion pass to the surviving spouse, giving the surviving spouse a larger estate tax exemption.[2] Although this portability provision…