The Build Back Better Act recently introduced in the US House of Representatives includes many tax provisions that would significantly impact US taxpayers. However, any major bill’s road from introduction to enactment is typically long, winding, and unpredictable. This article summarizes four tax planning–related questions that are viewed as prime candidates for consideration by US families with substantial wealth, notwithstanding that uncertainty.
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The White House released a retooled framework for the Build Back Better Act on October 28, 2021. Notable aspects of the Biden framework that will affect estate planning include estate and gift tax exemptions, grantor trusts, valuation rules, and the new surtax on high earners and non-grantor trusts—which could bring the total surtax to 8%). If this proposed legislation moves forward in its current form, it provides more time to use traditional estate planning techniques.
The House Budget Committee released a version of H.R. 5376 (the Build Back Better Act), which eliminated many of the previously proposed tax increases that would have impacted individuals. However, the rewrite of the Build Back Better Act includes a tax surcharge on high-income individuals, estates, and trusts that would be imposed and become effective for taxable years beginning after December 31, 2021. Other provisions remained, some unchanged, and some modified.
The House Budget Committee released a third version of H.R. 5376 (the Build Back Better Act) on November 3, 2021. This draft increases the state and local tax deduction, brings back many of the retirement proposals from the original September 13 draft of the Bild Back Better Act, and retains the surcharge on high-income individuals, estates, and trusts from the October 28 version. A summary of the tax updates is provided to show where things stand today.
With possible tax law changes on the horizon, it can feel daunting to make any moves before knowing the outcome. But year-end is still a good time to get your financial house in order and fine-tune your long-term strategy to take advantage of tax savings opportunities.
The U.S. House of Representative passed the Build Back Better Act, the second component of the White House’s ambitious spending plan, on November 19, 2021. Among the most significant provisions in the Act is a new broad-based surcharge of up to 8% on high-income individuals, trusts, and estates. An analysis on the surcharge impact and other key provisions in the Act are provided, including the corresponding wealth and tax planning strategies.
For married couples looking to use their lifetime gift exemptions and protect their assets, spousal lifetime access trusts (SLATs) are an attractive option. Planning to use the increased exemption now instead of waiting until it expires in 2025 and reverts to the 2011 level of $5 million will also allow for more thoughtful preparation, and a properly executed estate plan means less likelihood of IRS scrutiny.
When an irrevocable trust meets all of its goals, it is reflective of following the three essential checklists that focus on the people, the establishment of the trust, and the running of the trust. The ultimate payoff of a well-run irrevocable trust is that it helps you share your wealth with the people and organizations that are most important to you.
In this outlook of forward-looking perspectives, experts provide specific, timely advice on how to articulate your unique vision for your wealth across key societal and financial themes for 2022 and beyond.
If you own a closely held business, choosing how and when to exit your business is a critical part of the planning. If one of your goals involves benefiting charity, you might consider the use of a charitable remainder trust (CRT). It’s also an option that can help achieve other business exit goals and reduce your overall tax payment.