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Over the years, many families and their advisers have come to find that the State of Delaware is a trust-friendly jurisdiction that promotes modern laws and attractive income tax advantages. This paper highlights the most significant legal and tax benefits for nonresidents, and their professional advisers, who may be considering whether to establish a trust in Delaware.

Every state has its own set of rules for assessing income tax against a trust. In some situations, a trust might be required to file tax returns in three or more separate states. Recently, the U.S. Supreme Court decided a case that addresses how a state may tax a particular trust. We take a closer look at that decision and how it impacts state taxation of trusts—and possibly you. With careful thought, and the assistance of counsel, there are opportunities and tools available to draft trusts that can minimize, if not eliminate, state trust taxation.

As negotiations continue, the latest text of the proposed reconciliation bill, titled Build Back Better Act, is void of many of the prior proposed tax changes that would have upended estate planning.

The Biden administration’s American Families and other tax proposals may complicate the tax landscape for high-income owners. Given the real possibility of targeted tax increases on the wealthy and President Biden earmarking $80 million for IRS audit efforts, business owners and family offices should review their current situations to identify opportunities in which their overall federal and state tax liabilities could be minimized.

While the gift and estate tax exemption is scheduled to drop to approximately one-half the current amount of $11.7 million on January 1, 2026, there are tax proposals in play that could change the estate and gift tax laws much sooner. Uncertainty abounds, but planning options still exist through various trust instruments, including gifting to the next generation in trust and implementation of a SLAT—spousal lifetime access trust.

The proposed Build Back America Act, a $1.85 trillion social-policy and climate framework, is working its way through Congress. While the notable prior proposals were absent, the current legislation proposes a new income tax surcharge that will be added on top of the ordinary and capital gains tax rates. The surcharge—which can bring the total surtax to 8% for certain groups—will also apply to trusts and estates and will impact high-earning individuals. Unless otherwise provided, all proposals are effective January 1, 2022.

Family offices anticipating a variety of tax law changes now have more details to consider. How would the tax law changes proposed by the House Ways & Means Committee affect family offices and wealthy families? Tax specialists examine the considerations, including the surcharge on high-income individuals, estates, and trusts that would be effective for years beginning after December 31, 2021.

Residency changes are often fraught with uncertainty from a tax perspective. States are not known for easily letting go of tax revenue and will often fight hard to keep it. If you have you relocated recently or are considering a move, it’s important to understand why your move may put you at high risk for an audit.

With so many potential tax changes ahead, it's time to make sure you're checking all the boxes on things you can do to protect your wealth. Now is the time to ensure your wealth plan reflects any changes in your circumstances or goals, the economic landscape, and the current tax environment. Review this checklist for potential strategies to consider, and work with your wealth management to take action prior to the December 31 deadline.

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.