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New regulations proposed by the IRS seek to address the basic exclusion amount for estate and gift taxes which was doubled in 2017 under the Tax Cuts and Jobs Act. The doubling of the exemption is scheduled to sunset on January 1, 2026. When this occurs, how can a donor lock in the increased exemption for years 2018 through 2025? New proposed regul...

A Net Income with Makeup Charitable Remainder Unitrust (NIMCRUT) is a unique wealth planning strategy and is an effective means to maximize after-tax returns, as well as benefiting charities in certain circumstances common to high net-worth families and individuals. This article outlines some ideal circumstances and illustrates the significant diff...

A Charitable Lead Annuity Trust (CLAT) is an effective means to reduce current income taxes, transfer wealth to a family free of gift and estate tax, and benefit charity. Here is an illustration of a specific tax planning technique that might be valuable.

The U.S. House Ways and Means Committee has released its draft budget reconciliation bill. While the provisions presented are subject to ongoing negotiations, some are more likely to pass than others. In this summary, some key provisions of the proposal are highlighted, including the tax rates on long-term capital gains and trusts and estates, elim...

In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennes...

Under the Tax Cuts and Jobs Act of 2017, the federal estate tax exemption was temporarily doubled through December 31, 2025. Effective January 1, 2026, the exemption limits are scheduled to be reduced by half, adjusted for inflation. Charting the change and inflation adjustment, the projected limits are provided for your tax and estate plannin...

For families with significant wealth, a new IRS Revenue Procedure could result in millions of dollars in tax savings. The procedure makes the Deceased Spouse Unused Exclusion available up to five years after the death of the first spouse of a married couple.

With increasing interest rates, the Treasury Department's recent publication of long-awaited proposed regulations will change the life-expectancy factors used in life expectancy-based estate planning. While the changes may not seem drastic, they should be considered by individuals contemplating its use. For most types of planning, when increase...

As family offices consider their tax planning strategy, it is important for their tax attorneys, financial executives, and legal team to conduct an analysis of the Biden Administration’s Tax Proposal. This guide and in-depth review, which includes an overview of the proposals impacting high-income taxpayers, will help you prepare for the chan...

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 exem...

Over the past decade, Tennessee has significantly elevated its position as a preeminent jurisdiction to situs a trust. With the latest enacted legislation in the state, that situs status is maintained. Some of the more significant enhancements of the legislation include the ability to designate applicable law, registration of a trust, and additiona...

With the IRS increasing their funding and enforcement, upper income taxpayers should expect the IRS audit coverage to increase dramatically on them. It’s important to prepare for the tax changes that are coming—and coming quickly. Along with having a team of professionals on your side, there are steps you can take to protect yourself. N...

A new U.S. Supreme Court ruling in the Kaestner case means that more out-of-state residents will be able to fully realize the benefits of Tennessee's progressive trust laws and zero income tax on non-residents. Previously, many states relied on the residence of a trust beneficiary as one of the criteria for taxing a trust. In essence, the new r...

The ownership and governance structure of a private family trust company (“PFTC”) is highly customizable. This is important because all families are different, with different goals, family dynamics, asset composition, family sizes, and family affiliates. With that in mind, there are some key considerations in structuring the entity owne...