Since 2006, New Hampshire has permitted the formation of family trust companies. This paper summarizes the advantages of creating family trust companies in a favorable site such as New Hampshire.
Delaware has long been a jurisdiction of choice for grantors of trusts—for generations, the state has built a trust-friendly body of legislation and has supported its laws with a knowledgeable and effective court system. In this package of white papers, our wealth strategies experts explain the benefits and considerations of Delaware tru...
The historic June 2013 Windsor decision clarified the financial and legal status of some legally married same-sex couples, while leaving others in an ambiguous status—legally married for purposes of federal law, but still considered single in many states. For those in a same-sex relationship or for families with children or grandchildren in a same-...
It is not uncommon for wealth transfer planning to focus solely on the amount of money to be transferred and potential strategies for minimizing taxes. However, one of the most lasting gifts that a grantor can provide family members is an understanding of their long-term goals for the family and how this is shaped by shared history and values.This ...
The process of developing long-term strategies to manage family wealth requires careful thought and well-coordinated tactics focused on achieving far-reaching wealth planning objectives.All too often, plans are established that are focused primarily on minimizing the tax burden. Individuals and families need to be careful that the tax “tail&r...
The US Supreme Court, in a unanimous opinion issued June 19, 2014, implemented a new standard for courts to employ in determining if a taxpayer may challenge whether the Internal Revenue Service has issued a summons in good faith. In light of the Service’s new procedures for administering Information Document Requests, including the potential...
The Worldwide Family Business Tax Guide brings together detailed information on family businesses from 41 countries worldwide. The Guide is a detailed source of information for practitioners, family business owners, tax advisors, tax legislators and tax academics. In trying to distil leading practices and help promote sound tax policy for family bu...
Family business owners begin their adventures balancing two priorities: keeping the business as an integral part of an ever-expanding family and creating a profitable, sustainable organization. In the end, family is the guiding force behind the company’s success; maximizing value for the next generation is sometimes more important than maximi...
When approaching estate planning and, more specifically, setting up a long-term, irrevocable trust, many high net worth families both think and act locally. They provide -- often with minimal analysis or advice – for a trust that is governed by the laws of their home state and subject to taxation there, without considering alternatives that m...
In the past, when analyzing whether a client should make taxable gifts, estate planners tended to simply rely on comparing the transfer tax cost of making such gifts with those made at death. Paying the gift tax was assumed to be “cheaper” than paying estate tax, even though the rate was the same, because gift taxes are calculated on a ...
Life insurance can play an important role in helping achieve the legacy and financial objectives of an individual or family—especially those with significant taxable estates and illiquid assets such as privately held businesses and real estate. For those who have assets that exceed the federal estate tax-exemption thresholds—$5,430,000 ...
There are a number of trusts that can be customized to the needs of an investor, but each trust has its own advantages and disadvantages. This simple guide works to illustrate any concerns that an investor might have about tax consequences, withdrawal powers, the three-year rule and more by looking at the pros and cons of seven different popular ty...
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 establis...
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 Life insurance audit is an everything-to-gain, nothing-to-lose proposition for a trustee of a trust that owns life insurance where significant planning is in place. A proper, thorough audit is needed to mitigate the fiduciary liability. It also starts with understanding the difference between a Life Insurance Review and a Life Insurance Audit.&nb...