Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) At the time of this writing, President-elect Donald Trump is preparing to take office. This marks a dramatic change in political philosophies as we will soon have a Republican president, a Republican-controlled House and a Republican-controlled Senate. Thus, there is a likelihood that we will see and hear about drastic changes in the tax code. Does this mean that the estate tax will be abolished? Does this spell the end to advanced estate tax planning? If you listen to many estate planners or read many of the media articles, it…
Hard to Figure: The Critical Importance of Current Continuous Estate Planning
By Jonathan G. Blattmachr, Esq. & Martin M. Shenkman, CPA/PFS, AEP (Distinguished), MBA, J.D. Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “The ‘politics’ of the estate tax have been unstable for a long time. That certainly is the case now. Regardless of whether the estate tax is repealed next year, it might well return by reason of a sunset provision or a change in control of the White House and Congress. Unless a client is certain to die while the estate tax is not…
The Power of Just a Little Bit
Download Printable Article By Jason Oshins, Financial Advisor, MBA As the calendar changes from December to January, we take stock of ourselves – our health, our habits, our finances. We then formulate garish, outrageous resolutions, oftentimes setting ourselves up for failure. We commit to cutting out all fat, never eating ice cream, waking up four days a week to work out, running five miles the other three days, learning how to play guitar, and joining a book club. According to the messages all around us, we must be “all in”, after all. Invariably, when January turns to February, we eat…
Trump Wins: A Brave New World for Estate Planners
By Jonathan G. Blattmachr, Esq. & Martin M. Shenkman, CPA/PFS, AEP (Distinguished), MBA, J.D. Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “The election of Donald J. Trump as our 45th President was largely unexpected. It is difficult to forecast what that will mean during his term, and, perhaps, his second term. However, he has proposed wide-ranging changes to the nation’s tax system which will affect virtually all Americans and their advisors. Estate planners in particular face a dramatic impact on their practices.” EXECUTIVE SUMMARY: The…
Investment Opportunities Involving Private Foundations And Pension Plans
Download Printable Article By Bruce Givner, Esq. Introduction. Private foundations (a particular type of which are charitable remainder trusts) and pension plans are attractive structures since they both involve (i) tax deductible contributions and (ii) no tax on the funds accumulating in them. Despite their obvious advantages, we find that clients shy away from adopting them due to the tax laws’ restrictions on what they can do with the funds invested in the two structures. Let’s first discuss the significant advantages of each. Then we’ll discuss the restrictions and at least hint at the ways to exploit those limits. Private…
The Viability of Delaware Dynasty Trusts After the Kloiber Case
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) It’s over! One of the highest-profile cases in the history of the estate planning industry, and one that was being monitored by estate planners all over the United States, has been settled. Delaware trust promoters had been holding their breath awaiting the result of the case that became the posterchild for jurisdiction selection and the importance of avoiding the use of a health, education, maintenance and support trust in a jurisdiction like Delaware that allows a divorcing spouse of a beneficiary to penetrate the trust. No estate planning professional can…
Pre-Election Estate Tax Proposals: Clinton vs. Trump
By Martin M. Shenkman, CPA, MBA, PFS, AEP, JD Are major estate tax law changes in the offing? Perhaps, but my Ouija board smoked when I asked the question. So, barring that type of guidance, what assurance can there be? The election hasn’t occurred yet, so there’s certainly no way to know which candidate will win. Party platforms haven’t even been finalized. And, there’s no assurance that the winner’s proposals will be enacted. In spite of the above, practitioners should put all clients involved in active planning on notice of Clinton and Trump’s proposals because they’re so dramatically different. No…
Hurry and Use the Restricted LLC/LP Statutes Before the IRC Section 2704 Regulations are Finalized!
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) Estate planners often use family limited liability companies and family limited partnerships to facilitate gifting and installment sales of minority interests or non-voting interests to family members or irrevocable trusts for the benefit of family members. Under Code Section 2704(b) and Treasury Regulations §25.2704-2(a), if an interest in an entity is transferred to or for the benefit of a member of the transferor’s family, any applicable restriction is disregarded in valuing the transferred interest. Treasury Regulations §25.2704-2(b) defines an applicable restriction as a limitation on the ability to liquidate the…
Feeling the Burn: The Importance of the Tax Burn in Estate Tax Planning
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) Decades ago, Jane Fonda made the phrase “feel the burn” popular in her highly successful aerobic exercise videotapes. More recently, “feel the Bern” became popular as the de facto slogan during Bernie Sanders’ presidential bid. But in advanced estate tax planning, we feel a different kind of burn called the “tax burn”. Very simply, our client transfers assets to an Intentionally Defective Grantor Trust (“IDGT”) and continues to pay all income taxes on income produced by the transferred assets, including capital gains taxes on sales of those assets. By continuing…
Knowing What You Don’t Know: What an Effective Financial Plan Anticipates
By Jason Oshins, Financial Advisor, MBA Mark Twain said, “It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” More often than not, planning is done as though the world is linear. Financial Advisors and clients make assumptions as though life moves in a straight line and nothing unexpected ever occurs. Then, when the unexpected occurs – and it will – the plan collapses. An effective plan is dynamic, anticipating and addressing what it can, and preventing the unexpected from derailing a desired future existence. Furthermore, it builds in…