Tax Planning for 2013 Under the New Laws

By Robert S. Keebler, CPA, MST, AEP (Distinguished) As you probably know all too well, tax rates increase substantially in 2013 and later years for high income taxpayers. Not only did the top income tax rate increase from 35% to 39.6%, but a 3.8% Medicare surtax is now imposed on net investment income (NII). The 39.6% rate now applies to taxable income over $450,000 for married taxpayers and $400,000 for single taxpayers. In addition, net investment income is subject to a new 3.8% Medicare surtax to the extent modified adjusted gross income exceeds $250,000 for married taxpayers and $200,000 for…

New Private Letter Ruling Approves NING Trust

By William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) For many years, practitioners have used the so-called DING Trust to save substantial state income taxes for their clients.  “DING Trust” is short for Delaware Incomplete Gift Non-Grantor Trust.  It’s an irrevocable trust that the settlor sets up for the benefit of himself and other discretionary beneficiaries.  Transfers to the trust are not completed gifts for gift tax purposes, yet the trust itself is the owner of the assets for income tax purposes.  Because the trust pays the income taxes, a settlor who lives in a…

Insurance as the Key Ingredient of the “New” Estate Planning

Summary of a Live Presentation by Martin M. Shenkman, J.D., CPA, MBA, PFS®, AEP (Distinguished) Despite the American Taxpayer Relief Act of 2012 (“ATRA”), which has now made the federal estate tax exemption “permanent” at $5.25 million, your high net worth clients should still consider estate tax planning right now.  The gift exemption is still $5 million and there is a good chance this may be reduced in the future.  Plus, the combined estate (or gift) tax rate and generation-skipping transfer tax rate is now 64% (not factoring in “decoupled” states’ estate tax)!  Those clients who may have deferred planning…

Steve Oshins’ 4th Annual Domestic Asset Protection Trust State Rankings Chart Released

Nationally renowned estate planning and asset protection attorney, Steven J. Oshins, Esq., AEP (Distinguished), has just released his 4th Annual Domestic Asset Protection Trust State Rankings Chart. Some of the Highlights: 1. South Dakota closes in on Nevada, but doesn’t quite get there. These are still the top two states. 2. Ohio comes from nowhere to jump into the first tier. 3. Alaska, Tennessee, Wyoming and Utah all make positive changes. 4. Utah remains ranked low because of its state income tax uncertainty (but is now a great state for Utah residents). 5. For the first time ever, the State…

Recent Decision on Bankruptcy and Inherited IRA Case Confirms Benefit of Standalone IRA Trust

Thanks to the assistance of Michelle Ward of Keebler & Associates, LLP for bringing to our attention a recent case regarding bankruptcy exemption for inherited IRAs. The 7th Circuit Court of Appeals has reversed a district court’s ruling extending bankruptcy exemption to an inherited IRA (Download Case). In Clark, the Wisconsin district court had previously reversed the bankruptcy court’s decision and allowed an inherited IRA to be exempt from the bankruptcy estate. The debtors, Mr. and Mrs. Clark, filed for chapter 7 bankruptcy in 2010. Mrs. Clark had inherited an IRA from her mother in 2001. Neither Mr. nor Mrs….

Robert Keebler on President Obama’s 2014 Budget Proposal

Thanks to generosity of Robert Keebler, CPA, MST, AEP (Distinguished) of Keebler & Associates, LLP, AICPA and Leimberg Information Services, we are pleased to provide to you two free podcasts to download on the subject of President Obama’s 2014 Proposed Budget. Obama’s proposed budget will have a negative impact on the following planning: The estate tax rate would increase to 45% from today’s 40% rate. The gift tax exemption would be reduced to $1,000,000 The estate tax and GST exemptions would be reduced to $3,500,000 The GST period would be limited to 90 years from today’s unlimited period Current dynasty…

Does Comprehensive Estate Planning Really Work?

According to estate planning and asset protection attorney, Jeffrey M. Verdon, there has been a number of court decisions involving failed asset protection planning in the last two years. In his opinion, the reason for the recent and unusual amount of cases has to do with comprehensive estate planning (with asset and lifestyle protection) and when “bad facts make bad law”. Read the full post… For more information about any of the information discussed in this Client Alert, or any other income or estate tax planning or asset protection planning assistance, please contact the Jeffrey M. Verdon Law Group, LLP…

PLR 201310002: DING Redux

Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “A DING trust (standing for Delaware Incomplete Non-Grantor trust) is a strategy designed to eliminate State income taxes on the Grantor’s investment income by having the Grantor transfer his investments to a trust domiciled in a non-tax state which transfer is, on the one hand, an incomplete gift and, on the other hand, not made to a grantor trust. After a hiatus of some six years, the IRS has now ruled, in PLR 201310002 in favor of a…

The Ultimate Level: An Ultimate Success!

The Ultimate LevelSM February 22-24, 2013 Redondo Beach, California We just held our first Ultimate LevelSM event last weekend and, we must say, it was quite the success! Please enjoy a few pictures below of the weekend. Interested in taking YOUR practice to the Ultimate Level? Reserve your spot for our May event! Spaces are limited. Contact Kristina Schneider right away at 424-247-9495 or at kristina@ultimateestateplanner.com All pictures © 2013 Megan DeLaGarza