Fiduciary Law Blog Archive
  • Home
  • FAQ
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu
Blog - Latest News

Preparing for Potential Tax Reform – Consider Wealth Transfer Planning in 2020

July 27, 2020/in Administration of Estate, Administration of Trust, Taxes

by Kami Pomerantz

Current planning environment. While 2020 has been challenging in many ways, it has also provided favorable conditions for tax and wealth transfer planning. The U.S. is experiencing historically low interest rates, some assets have low valuations due to economic volatility, and current tax laws are favorable for wealth transfer planning transactions. These factors combine to allow individuals to transfer assets out of their taxable estates at a reduced transfer tax cost.

In particular, current law allows for a historically high level of tax-free gifting. Under current law, each taxpayer may gift a certain amount of assets to others during lifetime or at death, tax-free (referred to as the “exemption amount”). Prior to January 2018, each taxpayer’s exemption amount was $5 million, indexed for inflation from 2011. The 2017 Tax Act doubled each taxpayer’s exemption amount. As a result, in 2020, each taxpayer may gift $11.58 million of assets during lifetime or at death, tax-free ($23.16 million for a married couple).

Potential changes. All of these favorable factors may change in the near future. Specifically, the provision of the 2017 Tax Act that increased the exemption amount is set to expire on December 31, 2025, unless Congress extends it. At that time, the exemption amount will revert to roughly half of its current amount.

Many political observers believe that the exemption amount will be decreased significantly earlier than December 31, 2025, if the Democratic Party wins a majority of the Senate and Joe Biden wins the Presidency in November. Biden has stated publicly that he would unwind the 2017 Tax Act, which doubled the exemption from $5 million to $10 million, indexed for inflation from 2011. He has also proposed taxing unrealized appreciation of assets passed on at death by eliminating the “step-up in basis” at a taxpayer’s death. Such legislation could be effective as early as January 1, 2021.

What this means for you. Many families who have delayed estate tax planning or who would not be subject to estate tax under the current exemption amount should consider undertaking lifetime tax planning before the end of 2020. In order to make sure that such planning is completed before the end of the year, we encourage our clients to begin the planning process now, for the following reasons:

  1. For optimal results, lifetime tax planning should be done in stages over a period of months, if not years.
  2. Due to COVID-19 and an increased volume of tax planning transactions this year, it may be difficult to create trusts and LLCs, open bank accounts, obtain tax identification numbers, and transfer assets in late 2020.
  3. We do not recommend rushing to make significant gifts at the end of the year. Even if you are not ready to complete gifts now, there are steps that you can take now to facilitate gifts at year-end and avoid end-of-year administrative roadblocks.

Given the current uncertain state of the economy and the political climate, we believe it is especially important to undertake tax planning that maintains flexibility and ensures your financial security.

https://fiduciarylawblog.com/wp-content/uploads/2022/10/logo_vertical-v2.png 0 0 admin https://fiduciarylawblog.com/wp-content/uploads/2022/10/logo_vertical-v2.png admin2020-07-27 02:55:302020-09-28 04:39:32Preparing for Potential Tax Reform – Consider Wealth Transfer Planning in 2020

Fiduciary Law Blog Archive

NOTE: This blog is no longer an active blog. For the foreseeable future, we will not be contributing content. However, we continue to offer the already published content as a service to anyone interested in the topics Holland & Hart’s Trust & Estates team covered here.

Trust & Estate Litigation Practice

Holland & Hart has one of the premiere trust and estate litigation practices in the Mountain West Region. We offer legal services in the areas of probate, trust, and fiduciary litigation, and provide customized solutions to fiduciaries with the intent of avoiding future litigation. Our team represents trustees, financial institutions, trust companies, beneficiaries, creditors, agents under powers of attorney, and individuals in probate, trust, and fiduciary disputes. As part of a full-service law firm, we can also provide streamlined coordination with attorneys in other related disciplines to provide maximum efficiency and effectiveness. Click here to read more.

Categories

  • Administration Expenses
  • Administration of Estate
  • Administration of Trust
  • Alternative Dispute Resolution
  • Arbitration
  • Bonds
  • Charities
  • Conservator
  • Court Procedures
  • Elder Law
  • Estate Planning
  • Fees
  • Fiduciary Discretion
  • Fiduciary Duties
  • Fiduciary Litigation
  • Guardian
  • Legislation
  • Life Insurance
  • Mediation
  • Personal Representative
  • Powers of Attorney
  • Removal of Fiduciary
  • Settlement of Controversies
  • Surcharge of Fiduciary
  • Taxes
  • Testamentary Capacity
  • Testamentary Intent
  • Trust Litigation
  • Trustee
  • Uncategorized
  • Undue Influence
  • Will & Trust Construction

Archives

Blog Authors

Desta Asfaw
Margot Edwards
Jody Hall
Richard Kiely
Andrew LeMieux
Megan Meyers
Peter O’Brien
Kami Pomerantz
Helen Rogers
Carol Warnick

About the Firm

Holland & Hart is a full-service law firm with locations in 14 offices. Throughout the Mountain West, from coast to coast and beyond, Holland & Hart provides clients with sharp legal counsel from a vantage like no other. For more information, visit www.hollandhart.com or on Twitter: @HollandHart.

Disclaimer

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

Privacy Policy

View our privacy policy.

© Copyright - Holland & Hart LLP - Enfold Theme by Kriesi
Link to: Colorado to Make Remote Notarization Authorization Permanent Link to: Colorado to Make Remote Notarization Authorization Permanent Colorado to Make Remote Notarization Authorization Permanent Link to: Remotely Located Witnesses on Wills and Other Estate Planning Documents Link to: Remotely Located Witnesses on Wills and Other Estate Planning Documents Remotely Located Witnesses on Wills and Other Estate Planning Documents
Scroll to top Scroll to top Scroll to top