Tag Archives: AEG

AALU: Post-Mortem Liquidity Planning: A Fiduciary’s (Limited) Toolbox

“In the absence of life insurance, options for fiduciaries to generate needed liquidity for estate taxes and expenses may be limited, creating additional hurdles for estate administration and post-mortem planning.” 

To read the full report, click here.

View Post

The §6166 Estate Tax Deferral for Closely Held Business: Q&A’s

“In business succession planning, a §6166 deferral election may provide a powerful post-mortem planning tool to help minimize the initial strain on the estate and prevent a forced sale of the estate’s business interest. However, the election’s complex administrative and compliance requirements and the potential for payment acceleration make it an insufficient substitute for lifetime succession planning.”

To read the full report, click here. 

View Post

Watch Your Step – Fiduciary Pitfalls for Trustees of Irrevocable Life Insurance Trusts


“Sample cases targeting trustees vividly illustrate unique fiduciary challenges in terms of trust administration and asset management, including for irrevocable life insurance trusts (“ILITs”).  The growing complexity of life insurance products and the potential for increased gifts in the next several years can make ILIT administration far more complicated than anticipated, particularly for non-professional trustees.”

To read the full report, click here.

View Post

Buy-Sell Basics – A Brief Introduction

“Buy-sell arrangements (“BSAs”) address how the business or other business owners can “buy-out” an owner’s interests after a specified triggering event, such as death.  To be effective, the terms and structure of a BSA must be tailored to the unique needs of each business and business owner; there is no “one size fits all” form.  BSAs also should take a comprehensive approach to buy-outs, addressing not just an owner’s death, but also disability, divorce, and bankruptcy, among other events.  Business valuation and buy-out funding are also critical to a BSA’s success.”

To read the full report, click here.

 

View Post

Out with the Old, In with the New – Revitalizing or Unwinding Existing ILITs

“In legacy and life insurance planning, using ILITs to acquire life insurance was almost automatic. Now, with lower federal estate tax rates and higher exemptions, some clients may feel saddled with old ILITs that no longer match their goals or provide the intended tax benefits, even though retention of the life insurance makes financial and investment sense.” 

To read the full report, click here.

View Post

Spousal Lifetime Access Trusts (SLATs) and Divorce – What You Don’t Know…

“Per Notice 2018-37, the IRS plans to issue future guidance that could help clarify the income taxation of SLATs, post-divorce.  Regardless, clients and advisors should be proactive in addressing these issues when planning with SLATs.  New SLATs should incorporate trust provisions that specifically address spousal trust rights in the event of a divorce.  Existing SLATs should be reviewed to confirm the impact of divorce, with consideration given to addressing spousal trust rights in a post-nuptial agreement if the SLAT fails to do so. Clients with existing SLATs that are contemplating divorce should review the SLAT’s tax ramifications as part of their negotiations, well before any final settlement, and consult with a tax advisor in collaboration with the divorce attorney to coordinate the technical tax aspects of any settlement.”

To read the full report, click here.

View Post

A Few Select Insights from the 2019 Heckerling Institute on Estate Planning

“Heckerling presenters emphasized that flexibility in planning will remain key for families and advisors through the on-going roll-out of the TCJA and related guidance.  Given the TCJA’s temporary nature, the possibility for future tax law changes depending on future election outcomes, and the many moving parts of planning for the “modern” family, successful plans will require active management and on-going monitoring of both federal and state tax and legal developments.” 

To read the full report, click here.

View Post

Shifting Gears – Rising Rates and Legacy Planning

“Relatively small shifts in applicable interest rates can have a disproportionate effect on the performance of rate-sensitive legacy planning. Appreciating the potential economic impact of the rate changes and how other factors, such as payment structure, term selection, and asset valuation, also can complement overall performance, may help clients and advisors to better customize the planning to achieve the intended goals.”

To see the full report, click here.

View Post

Retracting the Claws – Proposed Regulations Seek to Eliminate Estate Tax Clawback

“Planning with the higher federal gift and estate tax exemption may be a “use it or lose it” proposition.  With the elimination of clawback and the limited window for higher exemptions, families able to make significant lifetime gifts may want to fully exhaust their exemptions before 2026, such as by using large gifts to fund dynasty trusts, implement business succession plans, and/or fund exit plans for existing planning arrangements (e.g., installment sales to grantor trusts or split-dollar arrangements).”

To read the full report, click here.

 

 

View Post

Generational Split Dollar (GSD): Where Are We Now?

“With its recent success in disputing the valuation of the reimbursement rights in economic benefit GSDs, the IRS is doubling down on its challenges to these arrangements.  Clients with existing EB GSDs should meet with their advisors now to review their options, putting together an action plan that can be implemented promptly, as needed, if and when there is a final decision on EB GSD valuation.  Clients considering new EB GSDs should contemplate the purpose of the arrangement and understand that no valuation discount may apply upon transfer of the GSD reimbursement.”

To read the full report, click here.

View Post