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…
Creating Your List – Things to Talk About With Your Clients in 2015
It happens to all of us. We go to a wonderful conference; we see a great webinar; we read an important article – and then we plan to change the conversation with referral sources and clients. So, when the inevitable challenges of our personal and professional reality comes in, we end up singing the same old songs of wealth, estate tax, financial, and asset protection planning – thinking months later, where did the change in conversation go? Successful practitioners explain to us that the way their practice found stability and growth was through finding planning that they could execute on,…
Are You Aware Decanting Causes Tax Issues?
Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA Decanting is the act of distributing the assets of an old trust to a new one with more favorable terms. It provides an easy, inexpensive method for correcting errors or ambiguities, adapting a trust to changes in a settlor’s objectives or changes in a beneficiary’s circumstances, taking advantage of new planning opportunities or adding flexibility to a trust. However, because trust decanting is a relatively new estate planning strategy, its tax consequences have not yet been clearly established. The IRS is considering ways to address these tax consequences…
BREAKING NEWS: Important Updates from Robert Keebler
Thanks to the generosity of Stephan Leimberg and Leimberg Information Services, we are pleased to bring to you complimentary podcasts on the following important updates. IRS Approves Extension of Time to Recharacterize a Roth IRA The IRS has published Private Letter Ruling 201506015, in which they have granted the taxpayer an extension of time to recharacterize a Roth IRA. The taxpayer had learned that the account value had declined due to fraud by an investment manager after the deadline for recharacterizing had passed. To listen to these complimentary podcast, see below: The Administration’s 2016 Budget Proposals The Administration has released…
The 3.8% Surtax for Trusts & Estates
By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA Executive Summary The Health Care and Education Reconciliation Act of 2010 created a 3.8 percent surtax on certain net investment income effective for tax years beginning on and after January 1, 2013. The tax applies to estates and certain trusts as well as to individuals. Given the low income threshold at which the tax begins to apply, the tax will have broad application to trusts and estates. This article summarizes application of the 3.8% surtax to trusts and estates and offers some initial planning ideas What Trusts are Subject to the…
Download the 2nd Annual Trust Decanting State Rankings Chart
Decanting has become a very popular technique in the estate planning world. We are pleased to announce that nationally renowned estate planning and asset protection attorney, Steven J. Oshins, J.D., AEP (Distinguished), has just released his second annual Trust Decanting State Rankings Chart. To request a complimentary copy of his chart, complete the form below. REQUEST FREE CHART All 22 states with decanting statutes are ranked in this chart. In particular, this year’s chart has additional variables which were not included in last year’s chart. The Top 7 decanting jurisdictions are… South Dakota: Total Score = 99.5 Nevada: Total…
Our Top 10 Best Articles on Tax & IRA Planning
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Top 10 Articles on Tax and IRA Planning. All of these articles were authored and written by Robert S. Keebler, CPA, PFS, MST, AEP (Distinguished), CGMA. Beneficiary Designation Problems with IRAs: More Than Just the RMD Rules! (with Kristen M. Lynch, J.D., AEP, CISP, CTFA) PLR Opens Door to Post-Death Exchanges of Non-Qualified Annuities Tax-Free! (with Michael E. Kitces, MSFS, MTAX, CFP®, CLU, ChFC, RHU, REBC, CASL) Frank Aragona Trust: What Now Constitutes Trustee “Material Participation”? Understanding…
2014 Year-End Tax Planning
By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA As we near the end of 2014, year-end tax planning again takes center stage. In this article we summarize a number of strategies that may produce substantial tax savings with just some year-end tax planning. Making Trust Distributions The tax brackets for trusts are much more compressed compared to the brackets for individuals. This suggests, if the governing instrument allows it, that trustees should consider making discretionary distributions of income to beneficiaries at the end of 2014 to reduce tax rates. Harvesting Ordinary Income Harvesting ordinary income is another part of…
Tax Alpha®: What Sophisticated Counselors & Advisors Need to Know—Part 2 of 2
By Robert S. Keebler, CPA, MST, AEP (Distinguished), CGMA In the world of finance, “Alpha” is often referred to as the value a money manager generates by exceeding a particular benchmark. In the world of financial planning, Tax Alpha® is best defined as the value financial advisors add by reducing the tax burden on portfolio income – “After all, it is what you keep not what you earn that counts.” A thorough knowledge of the intersection between tax and finance will allow an advisor to substantially reduce a client’s overall tax burden. The heart of Tax Alpha® for most clients…
Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction
Download Printable Article By Steven J. Oshins, J.D., AEP (Distinguished) Most estate planners automatically situs their clients’ irrevocable trusts in the jurisdiction in which the client resides without considering the possibility of using a different jurisdiction. This is often done for no reason other than the fact that it is customary to do so. However, in many situations this decision causes a loss of potential benefits that may have been obtained by exploring the use of a different trust situs. Following are some of the common reasons to situs an irrevocable trust in a different jurisdiction: Reason #1: State Income…