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The long-awaited and much-speculated about regulations to Section 2704 were issued in early August 2016. As issued, the proposed regulations expand the scope and reach of section 2704 to preclude use of various structural techniques to artificially suppress the value of interests in entities transferred by taxpayers or owned by them at death. The I...

Proposed regulations covering the valuation of family controlled entities for transfer tax purposes—12 years in the making—were published by the IRS on August 4, 2016. If newly proposed IRS Regulations are finalized in their current form, nearly all valuation discounts on family controlled entities will be eliminated. Given the December...

Private family trust companies have increased in popularity in recent years, and several states have adopted statutes specific to them. This compiled information compares state trust law requirements for Virtual Representation, Nonjudicial Settlement Agreements and Nonjudicial Modification Agreements in selected states that have PFTC statutes, incl...

Estate planning is an ongoing process and is about much more than reducing taxes—it’s about ensuring your family is provided for, your business can continue, and your charitable goals are achieved. Having a plan that reflects your current financial and family situation, and regularly reviewing it to ensure it fits any changes in your ci...

Teaching children about personal finance, owning foreign assets, assessing the impact of tax extenders, and staying current on the Net Investment Income Tax are topics that many high net worth individuals must address in an on-going basis. Understanding the often highly complex issues and ever changing rules are challenging for even the most dilige...

In nearly every discussion about estate planning, important questions and issues arise. If couples arrive in their attorney’s office having already thought about these issues—including assessing the level of financial management skills their beneficiaries should possess, how to communicate to their children about their hopes and expecta...

For each parcel of real property owned, the local assessor sends a Notice of Assessment, Taxable Valuation, and Property Classification. If it hasn’t already been received, it is on its way to the mailbox. Printed on the top of the Notice in big, red capital letters is: THIS IS NOT A BILL. So, most people are inclined to throw the Notice away...

With the recent changes in the transfer tax laws, it is possible to transfer greater wealth and reduce income taxes through POAST. This innovative approach and integrated trust technique allow a wealthy individual (the donor) to provide benefits to both parents and descendants. A properly structured POAST can accomplish multiple objectives, includi...

Because certain tax rules are only in place through 2012, flexibility in estate planning documents is important to make sure that your executor can adapt your plan to changing circumstances. And because these changes only apply to federal estate tax, the impact of state estate taxation should be included in your planning.

The Tax Relief Act forestalled tax increases for this year, but the future tax environment remains uncertain. Investors need to optimize current tax breaks while considering the impact of potential tax increases on everything from broad wealth management strategies to leveraging debt for tax efficiency.

This paper addresses a planning technique designed to allow taxpayers to take advantage of the increased exemptions available for the next two years while maintaining some control over the ultimate disposition of wealth.

President Obama's proposed budget for fiscal year 2012 includes a reduction in the real estate exemption, a minimum 10-year term for new GRATs, and restrictions on valuing family-controlled entities as well as higher tax rates and reduced savings from itemized deductions for higher-income individuals.

The increase in the lifetime gifting limit, combined with the temporary nature of the current estate and gift tax law, open a window of opportunity for wealth transfer. Leveraged gifts can safeguard the benefits of this situation by compressing the value of the gift for tax purposes while amplifying the impact of the wealth transfer.

Expected changes in gift, estate, and generation-skipping taxes after 2012 has led many families and advisors to conclude that 2011-2012 presents a valuable, two-year window of opportunity to update estate plans. However, certain developments suggest the best results may be obtained by acting sooner rather than later.

The lifetime credit shelter trust offers a way to lock in the benefits of the increased lifetime gift exemption of $5 million per person, as provided in the Tax Relief Act of 2010, without giving that much away immediately. One spouse can set up the tax-sheltered trust for the other without paying any gift tax, or they each can set up a trust of as...