Grantor retained annuity trusts (GRATs) have been a popular and effective wealth transfer strategy for U.S. families in recent decades. This has been true across various market conditions because their potential upside is so high and downside so low—and GRATs are even more compelling at a time of market volatility. Yet despite their advantages, GRATs cannot achieve their full potential without careful analysis of multiple factors, including structuring and investment considerations.
Trust and Estate Planning
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Modern Trusts: Roles and Responsibilities
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Trusts are often used for tax efficient wealth transfer and liability protection. In exchange for these benefits, however, trusts create certain obligations. Rooted in ancient times, the rules governing trusts are not always intuitive. Understanding their genesis can help us better understand the roles and responsibilities they create and how to apply them apply in a modern context. Whether you are a trustee, beneficiary or thinking of creating a trust, understanding the basics of how a trusts is created and the roles and responsibilities that result, is critical to their success.
Keeping a Private Family Trust Company Compliant
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A private family trust company (PFTC) provides families with intergenerational governance over family assets and a private forum for decision-making. Without proper management, however, a PFTC can be exposed to costly litigation and the potential for significant liability. By developing and implementing policies that take into account the expertise and capacity of staff and external vendors, a PFTC can ensure it stays compliant and is able to safeguard the family’s assets well into the future.
After-Tax Benchmarks: Easier Said Than Done
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Traditional benchmarks don’t work for taxable investors seeking to put their after-tax performance in perspective. The solution are customized benchmarks, which means knowing how to calculate your own personal index. It’s not a simple task, but it’s essential for any manager who wants to look credible in the tax-management space, and it’s now more feasible with skillful deployment of technology.
One question that is often asked when working with family offices is “What are families like mine doing”? The interest in the answers is even greater during periods of crisis, such as the COVID-19 pandemic. Some of the world’s best investors and wealth stewards share their thoughts and insights into the unique challenges facing family offices, including investment management and opportunities, tax and estate planning, responsible investing and philanthropy, and governance and operations.
New York Allows Video Notarization
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A side effect of the new normal created by social distancing due to the Coronavirus pandemic is the inability for clients and advisers to come together in the same room to discuss, plan, and execute on their estate planning objectives. However through modern technology, these discussions can still occur in virtual spaces, and pursuant to an executive order signed by New York Governor Andrew Cuomo, notaries can also work digitally. We review the provisions of the order and alternative ways to continue estate planning under shelter-in-place orders.
Although the population and life expectancies of U.S. retirees are increasing, portfolio yields remain at historically low levels. As defined benefit income becomes less commonly available, the need for informed retirement portfolio spending strategies is more critical. Because every investor's financial situation is unique, there is no one-size-fits-all solution.
On April 30, the IRS released guidance providing that Paycheck Protection Program (PPP) loan borrowers may not deduct costs that are paid for with loan proceeds that are forgiven under the CARES Act. Additional guidance is provided on this and other provisions of the PPP, including loan forgiveness and mortgage interest obligations. While PPP loan borrowers should currently assume they cannot deduct any expenses relating to forgiven PPP loan amounts, Congress may still change this result and clarify its intent in subsequent COVID-19-related bills.
Businesses unable to apply in time for loans from the initial Paycheck Protection Program (PPP) allocation have another opportunity to submit an application after the U.S. Senate passed a bill appropriating additional funding for the program. Similarly, businesses that submitted loan applications which could not be approved by the SBA because of the exhaustion of initial appropriations to the program can expect to see those applications processed.
Charting a New Course for Charitable Giving in 2020
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At the core of philanthropy, charitable giving stems from a desire to benefit a cause or program. That desire is even stronger during turbulent times. When moving forward with your charitable giving, there are a few key points to keep in mind to help maximize your strategy, including tax incentives and planning opportunities that are available in 2020.