Under the IRS’s proposed new regulations, they would permanently and profoundly change estate planning for families that own a controlling interest in a privately held corporation, partnership, or limited liability company. The IRS has requested comments on the proposed regulations by November 2, 2016, and will hold a hearing on December 1, 2016. Even if the regulations are finalized in something close to their current form, portions of the regulations likely will be subject tochallenge on the grounds that they exceed the scope of the statute.
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It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While the guardianship process is meant to assist people in cognitive decline, it also exposes them to considerable risk. However, there are steps that you and your family can take to minimize those risks, including designating a preneed guardian.
A great deal of focus has been placed on the next generation of business leaders, beneficiaries, and philanthropists. Rarely discussed, however, is the next generation of trustees that will guide them through so many crucial life decisions. Serving as trustee is a natural extension of an estate planning role, and the next generation of trustees knows that in-depth knowledge of the nuts and bolts of estate planning is only one part of the foundation needed to be a truly trusted advisor to families.
Everything is more complicated for families with a loved one with a disability. From finding the right doctors, the right schools and obtaining necessary therapies and services. Nothing is easy. Developing an estate plan is also more complicated than it is for “typical” families.
Many powerful trends are taking place in 2016 with trust and estate planning for both domestic and international families in the favorable boutique trust jurisdictions such as South Dakota. From modern trust structures such as the directed trust, private family trust companies, special purpose entities and domestic asset protection trusts, to planning with private placement life insurance and promissory note sales, this article examines strategies that can help maximize a family’s estate plan.
Estate-planning advisors should be aware that there are many creative planning opportunities for the use of Private Placement Life Insurance (PPLI) with trusts. PPLI is essentially a flexible premium variable universal life insurance transactions that occurs within a private placement offering. Previously, PPLI hadn’t been as appealing due to lack of Internal Revenue Service guidelines; limited investment alternatives; and wide-ranging expense charges.
Asset ownership, insurance, irrevocable trust, limited liability entities, and asset protection trusts are key vehicles when it comes to protecting your assets. Having an overview of what is protected under these vehicles—including the costs, administrative considerations, income tax treatment, and the estate and gift treatment—provides an easy, at-a-glance understanding of the options available in preserving family wealth.
For insights on integrated wealth planning, this issue of The Advisor presents a view from the top with Joe Kahn, The New York Times Managing Editor, the impact of globalization 2.0, and the U.S. presidential election 2016 and the candidates’ tax platforms. Also in this issue are the best practices in providing age-appropriate transparency when it comes to discussing a family’s wealth plan. Following it is the takeaway on the advantage of Delaware’s laws on directed trusts.
Asset protection follows the continuum of life’s events, reflecting the changes that individuals, families, careers, businesses and wealth undergo. Within the wealth spectrum, a simple way of thinking about asset protection strategies is from lower risk and simpler tactics to higher risk and more complex and sophisticated tactics. This approach will cover everything from how assets are owned and titled to how they’re insured and protected against risk to how they can be held for efficient asset management.
The Foreign Account Tax Compliance Act (FATCA) is in full swing. Non-US financial institutions have completed reporting of US account holders for tax year 2014 and will soon begin compiling for their 2015 FATCA reports. Just as international families and their advisers are getting used to myriad requests for FATCA Form W-8 certification forms, more than 90 other countries have indicated that they wish to address tax evasion through a global exchange of financial information by implementing the Common Reporting (CRS) which, like FATCA, will affect non-US trusts and their trustees.