4Thought Blog

The holidays often inspire a spirit of generosity. So, at year end, many people decide to give money or assets to their loved ones.

Over time, lifetime gifts can also be an effective way for wealthy people to minimize their taxable estates. Here are the basic federal tax rules for these transactions.

Beware: Quite a few states impose estate or inheritance tax at a lower threshold than the federal government does. So it's also important to understand the rules in your state to avoid an unexpected tax liability or other unintended consequences of an asset transfer.

Estate planners often tout the virtues of owning property jointly — and with good reason. Joint ownership generally offers several advantages for surviving family members.

But this shouldn't be viewed as a panacea for every estate planning concern. You must also be aware of all the implications.

If you own a business, you're probably familiar with the protections provided by buy-sell agreements. But do you know how important these documents can be to an estate plan?

Because buy-sell agreements specify whether, and under what circumstances, owners' interests may be transferred, they can help you control the ultimate disposition of your business and achieve other important estate and succession planning goals.

Net gifts are gifts of money, property or assets for which the giver agrees to pay the gift tax — thus reducing the value of the gift for tax purposes. It can be appealing if you've exhausted your lifetime gift tax exemption.

Another option is the "net, net gift," which can enable you to finance your gift recipient's tax liability so that he or she receives the full amount. Let's take a look.

If you're a business owner and a high-net-worth individual, you may want to gather your family members together to discuss the details of your estate plan.

This can be especially important if you own a business that employs family members. These meetings are a little like the Scottish clan gatherings held hundreds of years ago by clan chiefs to discuss their succession and inheritance plans.

The election might bring about a lot of changes, especially to the current federal tax laws.

One of the potential biggest impacts would be on estate planning, so if you’re looking to transition wealth to the next generation, now is the time to do so.

The current lifetime gift tax exemption amount is $11.58 million dollars per individual, which is the highest it has ever been. It’s scheduled to sunset at the end of 2025 and revert back to a $5 million exemption level, adjusted for inflation, but that timeline could be shortened depending on the results of the election or other future congressional action.

The Tax Cuts and Jobs Act substantially increased the gift and estate tax exemption. For 2020, the inflation-adjusted amounts are $11.58 million for individuals and $23.16 million for married couples filing jointly.

This creates a significant tax-saving opportunity for wealthy families. However, because the exemption amounts revert to their pre-TCJA level ($5 million and $10 million, adjusted for inflation) starting January 1, 2026, you can only give away substantial wealth gift-tax-free (either directly or in trust) for a limited time. However, there's a chance that Congress could change the rules or extend them.

What would happen if you took advantage of this opportunity now and later discovered you needed the money? That's where a spousal lifetime access trust can come in.

The COVID-19 pandemic may have you thinking about how you can help those whose health and financial security has been imperiled by the virus. Naturally, charities fighting COVID-19 will welcome your donations now.

But you may also want to think about making a more lasting gift. With a charitable remainder trust you may be able to support a favorite nonprofit and also enjoy lifetime income and current tax benefits. Learn more about how CRT might fit into your estate plan.

The new SECURE Act contains a number of favorable provisions that will help Americans save more for retirement. However, the new law also contains an unfavorable provision that will affect nonspouse IRA beneficiaries who inherit accounts with substantial balances.

As a result, some carefully constructed estate plans will be damaged. Here's the story.

Nearly everyone should consider updating his or her estate plan. This is smart advice even if you're not currently exposed to the federal estate tax.