Given what the Biden administration has indicated, President Biden remains intent on repealing parts of the 2017 tax cuts that benefited the highest-earning Americans and large companies. For family offices and their tax planning strategy, then, the pertinent questions are when will rates increase, and in what form? Based on the political dynamics and Biden’s campaign proposed tax increases that affect family offices, there are four crucial considerations to keep in mind when addressing the tax implications.
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President Biden has clarified he is committed only to a partial rollback of the Tax Cuts and Jobs Act of 2017, aiming to make permanent the tax cuts that went to lower- and middle-class Americans, while raising taxes on corporations and those earning more than $400,000 per year. A review of Biden’s platform shows there are five proposals that would have the biggest impact on tech companies’ tax burdens, including the corporate tax rate hike and offshoring penalty (with a "Made in America" credit).
High net-worth families for whom privacy is a paramount consideration may be concerned that the Corporate Transparency Act, which became law on January 1, 2021, creates a risk of sensitive ownership information being exposed to the wrong persons. This may concern family offices; however, regulated private trust companies and trusts may be exempt.
Throughout history, gold and silver have had many important uses, including as a hedge against inflation, deflation, and economic uncertainty. For the gold investors, they have managed to preserve their wealth during some tumultuous times, including the financial crisis of 2008 and the pandemic-induced economic crisis of 2020. When it comes to investing in gold and silver, it’s essential to know the six keys to successful gold and silver ownership—the who, what, when, where, why, and how of precious metals investing.
Given the rhetoric and possible need for additional tax revenue in the U.S., families of wealth and their advisors should be aware of the future possibility of the wealth tax particularly when doing their estate planning. They should also consider how trusts might be affected by a wealth tax, including the use of a discretionary trust that can be grandfathered to avoid the wealth tax if established prior to its enactment.
The Millennials are projected to number 73 million, overtaking Baby Boomers as the largest adult segment of the U.S. population. They have different concerns and opinions than their parents, and many existing trusts may not be drafted to best accommodate Millennial beneficiaries and their desires. In most instances, traditional trust structures may not be sufficient. Generally, modern directed trusts are best suited for all generations, and it allows a Millennial beneficiary to play a key role regarding both trust distributions and investments.
The big question in the estate planning world today is whether, when, and to what extent the U.S. Congress will enact changes to gift, estate, and income tax laws. With many challenges facing the new Biden Administration, and the narrowly Democratic Senate, major tax legislation may not even be considered in 2021. Nevertheless, the tax proposals endorsed by the Biden Administration provide clear signals for actions clients should consider this year.
When guiding how your organization drives value through tax efficiencies and financial reporting, don't be surprised if the C-suite is looking for tax leaders to be technology experts. The key is to be proactive in discussions with business leadership.
Needing to meet the challenges of tax compliance for investment partnerships, chief financial officers are demanding more timely tax and financial reporting, along with the need to report and respond to investors with speed and accuracy. Partnership tax technology allows funds to meet those demands, especially in the case of private equity and hedge funds. The automation of tax compliance using a technology platform will offer advantages such as providing transparency for investors, simplifying complex allocations, and allowing a deep enough simplification to fund entity tiering.
Even when there is a financial gift to sufficiently endow an art collection today, there is no certainty that the endowment will be able to fund the charity indefinitely into the future. When there is no charity willing to preserve the collection, the artist or collector should consider using a private foundation. Especially now as the future of museums is moving away from the brick-and-mortar and toward a virtual institution.