Shenkman Law

April 6, 2021

Democratic Estate Tax Proposals could dramatically alter estate and related planning. Clients should act now. What a difference in estate tax an election can make! While it is impossible to forecast what tax and expenditure changes will be enacted this year, practitioners need to advise clients immediately about changes that could alter almost every aspect of planning. But there is no way to know what will happen, but it seems there is no shortage of proposals. Recent ones put forth by well-placed Democratic Senators include reducing the estate tax exemption to $3.5 million, and the gift tax exemption to $1 million; providing for no step up in basis for assets in a grantor trust if not included in the gross estate (oh, you didn't know you could?); a $20,000 cap for gift tax annual exclusions (and no de minimus level, so having friends over for dinner or hosting a child's wedding will result in a taxable gift); 50 year limit for GST trusts (what this means and how to plan); estate tax rates up to 65% over $1B; no discounts for entities funded with non-business assets beginning probably after September 30; certain minority discounts disallowed; GRATs required to have a minimum 10-year term and life expectancy plus 10 years as a maximum and 25% minimum value for the taxable remainder; new grantor trusts (and some old Section 678 trusts) included in the estate of the grantor. A potential gains tax on inherited assets. There are many special effective date rules. This may change estate planning more than any changes to the tax system in years. Advising clients of these changes seems critical to consider. The time to act is here. This presentation will offer practical ways to do so. Please don't miss it. Speakers: Martin Shenkman, Esq., Robert Keebler, CPA; Jonathan Blattmachr, Esq.; and Joy Matak, Esq. Sponsors: Interactive Legal and Peak Trust Company. *There are no professional advancement credits (CPE, CLE, etc.) offered for viewing this webinar.