By Edwin P. Morrow, III, J.D., LL.M., MBA, CFP®, CM&AA® In PLR 202206008, the IRS approved of a judicial modification (approval of settlement) of a GST grandfathered trust to add a formula testamentary general power of appointment that would enable the remainder beneficiaries to receive a step up in basis over such assets at the primary beneficiary (child of settlor) powerholder’s death. The IRS ruled that 1) this addition did not disturb the GST exempt nature of the trust or cause any adverse GST consequences and that 2) it would cause estate inclusion over only the desired amount (more on this…
529 Misconceptions About 529 Plans
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) Internal Revenue Code Section 529 was enacted in 1996 to allow interest, dividends, and capital gains that occur under mutual fund-like wrappers to be tax-free if the entire fund is spent on qualified educational expenses. The 2017 Tax Act expanded qualified educational expenses to include up to $10,000 per year for kindergarten through 12th grade tuition, beginning in 2018. There are many misconceptions and thousands of mistakes made with respect to 529 plans. The following list and explanation should be helpful to many. #1. …
Section 199A: Triple Net Leases Considered a Trade or Business?
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) and Kelsey Weiss Introduction The 2017 Tax Cuts and Jobs Act introduced the new, and sometimes problematic, Section 199A to the Internal Revenue Code. Section 199A was designed to provide taxpayers with a 20% deduction for qualified business income earned through qualifying trades or business. This deduction for business owners was added, most likely, in response to the significant tax cut the Act created for large corporations.1 Unfortunately, there is no single accepted definition of “trade or business,” so many taxpayers are in…
199A – The Real Regulatory Story: Revelations From The Proposed Regulations
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) As most estate planners know, the new Section 199A proposed regulations were released earlier in August to great fanfare and curiosity. My team and I have spent considerable time, already, poring through the language and changes. We were given the opportunity to share our thoughts and summary of these regulations in an article featured on Forbes.com. To read this article, click here. SECTION 199A RESOURCES Here are some other Section 199A resources that may be of interest to you: PROGRAM REPLAY: “Section 199A…
Section 199A Resources
SECTION 199A E-BOOK Most estate planning professionals are already very well aware that one of the—if not the—most important and valuable provisions of the Tax Cuts and Jobs Act (“TCJA”) is the Code Section 199A and the 20% Qualified Business Income (“QBI”) 20% deduction of non-corporate taxpayers. However, the material surrounding Section 199A is complex and trying to understand and digest what you need to know about it from all of the resources out there can be extremely time-consuming, frustrating, and expensive. This is why you need this in-depth downloadable PDF e-Book at your fingertips! In just over 130 pages,…
Portability Trivia
By Brandon Ketron & Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) A review of the Portability Rules at the Heckerling Institute gives rise to the following trivia, which estate tax planning lawyers should perhaps be memorizing: True or False [the answers are at the end of this article, but see how much you know]: 1. Under Section 20.2010-2(a), the portability election can only be made on a timely filed and complete estate tax return Form 706. 2. Estates that are required to file the Form 706 ( i.e. estates…
Robert Keebler Podcast on the Death Tax Repeal Act of 2017
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. Senate Bill 205, the Death Tax Repeal Act of 2017 Senate Bill 205, the Death Tax Repeal Act of 2017, would not only repeal the estate tax — it would also eliminate a technique designed to reduce state income tax, the ING trust. Bob Keebler reports. LISI members can read more about S. 205 and other estate tax repeal proposals in Estate Planning Newsletter No. 2516 by Ed Morrow, published on February 10, 2017. To…
My Three Sons – Planning for Children of All Ages
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) In the 1960’s sitcom, My Three Sons, Fred MacMurray played the thoughtful and patient parent of three adolescent and teenage boys, who learned many interesting lessons living a wholesome life in suburban American. Parents with children of all ages need guidance in a number of areas that are typically not mentioned during an estate or financial planning meeting. The planner who brings up the discussion points set forth below will certainly be providing his or her clients with better tailored planning…
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…
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…