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With the passage of the Tax Cuts and Jobs Act at the end of 2017, more family businesses are examining their corporate structure and considering the tax implications. Specifically, companies that are currently structured as “pass-through” entities (e.g., an S corporation, partnership, or LLC taxed as an S corporation or partnership) are examining the new-found benefits of converting to a C-Corp.

A GRAT is an estate freeze technique used in estate planning to minimize taxes on large financial gifts to family members. Under this technique, an irrevocable trust is created to which the grantor transfers income-producing or appreciating property in return for the right to receive a distribution of a fixed annuity amount from the trust (at least annually) for a specified term of years. GRATs have a few benefits, including the reduction of estate tax liability at death.

Following recent amendments to the tax code, both the applicable estate and gift tax exemption and the GST exemption were increased to $11,180,000. This nearly doubled the exemptions available in 2017. Taxpayers may consider making additional gifts to already existing dynasty trust in order to further supercharge the trust. They may also consider allocating GST exemption to an existing non-Dynasty Trust, to convert it into a Dynasty Trust that allows for a transferor to maximize the assets that are available to support future generations.

Investors are purchasing and selling virtual currencies (also known as “crypto currencies”) at a faster rate than ever before. Although these virtual currencies are not legal currency in the U.S., the IRS has been slowly issuing guidance on the income taxation and the manner in which individuals should report gains or losses from the sale or exchange of these currencies on their income tax returns.

The tax consequences of expatriation for U.S. citizens and long-term green card holders after June 17, 2008 can be enormous. With the exception of deferred compensation items, interests in non-grantor trusts, and specified tax deferred accounts, all other assets of the expatriating taxpayer are deemed sold at fair market value on the day before the expatriation dates. Although, an exemption is granted for the first $711,000 of deemed gain in 2018, this so called 'exit tax' is harsh on long-term green card holders who inadvertently lose their status.

Tax reform has necessitated a reevaluation of many individual’s estate plans. It significantly increased the ability of high-net-worth individuals and families to pass wealth free of estate, gift, and generation-skipping transfer (GST) taxes, while increasing the importance of income tax planning due to changes to income tax rates and brackets, as well as standard and itemized deductions.

When an individual purchases property, inherits property, or is gifted property, they obtain a tax basis in the property. Basis is generally the amount of the taxpayer’s capital investment in the property, which is subsequently increased or decreased for events that occur during their ownership of the property.

Education is an expense that impacts many families each year. As the cost of secondary and higher education continue to rise, many families should consider the tax benefits of funding educational expenses. The type of vehicle used to fund educational expenses varies and can include education trusts and qualified tuition programs that are designed as investment accounts.

There are many considerations that go into making a planned gift, including the maximization of its impact. There are three types of planned giving: lifetime giving, giving at death, and hybrid planned giving. Factors to consider are whether you have the capacity to make sizeable gifts during your lifetime, the potential for income streams during life, and the tax effects of making the gift during life, or at death.