Resource Search

Every year, life insurance carriers capture approximately $25 billion of economic value from policy owners and trust beneficiaries when the policies of older insureds are surrendered or allowed to lapse. Of that amount, high-net-worth families forfeit around $10 billion because they weren’t aware of how they could recapture the value of those policies through a transaction called a life settlement, which is the sale of a life insurance policy from the original owner to a third party.

The passage of the Coronavirus Aid, Relief, Economic, and Security (CARES) Act brings much needed tax relief to individuals, families, and businesses. While the CARES Act provides many potential sources of relief, the focus here is on the key personal and business tax provisions in the Act, and how such measures can provide support in the short term, as well as further down the road.

When considering where to establish a Private Family Trust Company (PFTC), South Dakota is continually chosen as the top regulated PFTC jurisdiction in the United States. The low PFTC capital requirements and maintenance costs make the set-up an easier process.

Through thoughtful planning, there are ways to anticipate many possible issues—including the unanticipated—when doing your long-term and perpetual intergenerational trust planning. Consequently, detailed and flexible trust drafting is generally very helpful.

The question of how to structure a trust is of increasing importance, particularly in light of recent trends, including the expected ruling in North Carolina Dept. of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. One key decision that families and their advisors have regarding long-term trusts is whether to establish a single pot trust for the entire family of a trust with separate shares for each family line. And, while Kaestner is centered on the state taxation of trusts, key considerations on how to structure a trust go well beyond taxes.

Estate planners and advisors will need to contemplate the political climate in an election year, particularly given certain political opposition to the extensive changes made by the Tax Cuts and Jobs Act of 2017.

The COVID-19 pandemic has caused significant burdens for employers and employees alike. While some businesses struggle to survive, others are fortunate enough to be in a position to help employees as they face hardships created by the crisis. Many employers in the latter category are looking for ways to best help employees who are facing financial difficulties as a result of the pandemic. One possible approach for these employers is a disaster relief fund under Section 139 of the Internal Revenue Code.

The U.S. Department of the Treasury released a set of frequently asked questions late on April 6, 2020, to clarify several issues with Paycheck Protection Program loans. These FAQs present the SBA’s interpretation of several provisions of the program, in some cases contradicting interpretations from banks, lawyers, and other advisors. A summary of some of the most important FAQs is provided, along with guidance as to what applicants should do if they had already applied before this guidance was issued.

The COVID-19 crisis continues to disrupt everyday life. In response, the CARES Act of 2020 was signed into law in the U.S. to provide some relief. A summary of the key provisions in the CARES Act for individuals include delayed due dates for tax returns, enhanced charitable contributions, no required minimum distributions from IRAs and retirement plans, one-time payments from the federal government, deferred tax payments, and other programs for businesses.

The COVID-19 pandemic has caused unprecedented hardships on small businesses, nonprofits, and other entities. They are experiencing unexpected decreases in cash flow due to the “shelter-in-place” orders enacted by many municipalities. The U.S. Small Business Administration (SBA) has worked to provide Economic Injury Disaster Loan assistance to eligible organizations to help ease the effects through fhe Coronavirus Aid, Relief, and Economic Security Act (CARES Act).