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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...

In Part 1, we explored the potential tax pitfalls of the Tax Cuts and Jobs Act of 2017. In Part 2, we looked at new income tax planning opportunities. In this final Part 3, we look at potential estate planning opportunities and strategies that could result in profound tax savings for your family.

There has been much discussion regarding the Qualified Opportunity Zone program established via the Tax Cuts and Jobs Act in 2017 because of potential tax advantages. This program aims to incent long-term private sector investment in low-income communities nationwide while allowing investors to potentially defer and partially reduce capital gains t...

The IRS released its second set of proposed regulations under Internal Revenue Code, Section 1400Z-2, Special rules for capital gains invested in opportunity zones. While some questions remain unanswered, it provided much needed guidance for investors, fund managers, developers, and sponsors pertaining to qualified opportunity zone business propert...

Recent statutory changes in Tennessee law has authorized the separation of the traditional trustee roles by allowing for the appointment of a Trust Advisor (also referred to as a Trust Protector) who can have the authority to “direct” an exercise of a power held by the Trustee, including direction concerning investment and distribution ...

A Domestic Asset Protection Trust (DAPT) provides an opportunity to protect your assets from the claims of third-party creditors, which makes it a powerful tool to enhance your estate plan. Because DAPTs require giving up some control over your assets, they are not right for everyone. But they can provide protection for individuals in careers with ...

The role of the tax function is changing. Digitization is shrinking the globe and making everything more connected. Tax regulation and legislative changes are requiring companies to have processes and systems in place in order to comply. Today’s tax professional is charged with advising senior management on the tax implications of strategic b...

It's clear that tax reform is just one manifestation of the changes happening across the tax function. What was once a relatively routine field now faces shifting regulations and compliance issues both at home and abroad. The role of the tax professional is changing from numbers-cruncher to strategic leader, and adept tax professionals in 2019 ...

One of the most important, yet most forgotten, parts of estate planning is keeping track of who will benefit from those assets, including life insurance, which are not governed by your will. Providing for your family includes knowing which types of assets are not governed by your will; ensuring your assets are going to where you want them to go; an...

Many early-retirement Boomers feel comfortable that their estate plan is in order, having put their estate plan in place when they had younger children. With adult children, and the increase in the estate and gift tax exemption amounts, many feel that there is little planning to be done. However, upon review, there are plans that may need adju...

For understandable reasons, the United States has adopted a series of laws designed to prevent U.S. taxpayers from taking advantage of foreign trusts as tax shelters from U.S. income taxation. The obvious application of these laws is when a U.S. citizen is attempting to transfer cash or income-producing assets to an offshore Trust. When dealing wit...

The U.S. Congress passed new tax law provisions in December 2019 that went into effect on January 1, 2020. Some of those laws involve important changes affecting individuals and tax-exempt organizations, including the SECURE Act that delays the IRA required minimum distributions from age 70-1/2 to 72, relaxing the 529 plan distributi...

While “gifting down” to younger generations has historically been the norm, it’s now increasingly common for children to accumulate more wealth than their living parents. This provides an opportunity for children to “gift up” or provide loans to help support parents—while pursuing income and estate tax planning. ...

Parents and grandparents often want to help their children and grandchildren with significant financial goals and challenges: buying a first home, making a financial investment, or starting a new business. Intra-Family Loans (IFLs) are a simple, low-cost, effective (yet often underutilized) wealth transfer technique that parents and grandparents ca...

Successful owners who choose to sell their business have many things to think about before beginning the process. Owners who are new to the process should consider not only the financial ramifications of selling their business but also how it can affect their life after the sale has finished. To make the selling of a profitable business much smooth...