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Course Details

This CLE/CPE webinar will provide estate planners a detailed analysis of key challenges and pitfalls to avoid when drafting SLATs, GRATs, IDGTs, and other irrevocable trusts. The panel will discuss the legal framework and key considerations for irrevocable trusts, the pros and cons of trust protectors, beneficiary control and distribution provisions, retaining settlor flexibility and access, redirecting trust assets, and other key considerations.

Faculty

Description

For most taxpayers, estate planning should focus on maintaining assets for a very comfortable life, while passing as much wealth net of taxes as possible to loved ones on a multi-generational basis. However, as interest rates rise, two strategies that have been extremely successful. We will review how GRATs and Sales to IDGTs work, while understanding the countervailing impact of rising interest rates. In any interest rate environment, GRATs and IDGTs are not without risks, including mortality risks that will result in the loss of estate tax benefits if the grantor does not outlive the terms of the trust and potential economic underperformance.

A GRAT allows a grantor to transfer growth assets into the GRAT, while retaining the right to required payments for a term of years. When the trust term ends, the remainder interest generally passes to or for the benefit of the grantor's children. So long as the grantor survives the GRAT term, the amount that passes to the beneficiaries is not subject to estate tax.

Another effective technique for transferring wealth to beneficiaries has been the sale or transfer of assets into an IDGT. The sale of an asset to an IDGT is not considered a gift event that would trigger gift taxes, and the sale is not considered a taxable event that would trigger any capital gains tax. Also, the sale accomplishes the removal of the asset from the taxable estate.

A SLAT is an irrevocable trust created by one spouse for the other's benefit by using the gift tax exemption to make a gift to the SLAT, naming the other spouse as a potential beneficiary, along with children and grandchildren. This allows limited access to the beneficiary spouse to the same assets and offers flexibility in structuring the trusts for client needs if estate planners effectively build in specific powers and options.

Listen as our panel discusses the legal framework and key considerations for irrevocable trusts, the pros and cons of trust protectors, beneficiary control and distribution provisions, retaining settlor flexibility and access, redirecting trust assets, and other key considerations.

Outline

  1. IDGT advantages and applications
    1. Structuring the trust
    2. Structuring the transaction
  2. Structuring GRATs
    1. Regulatory and statutory requirements
    2. Impact of interest rates
  3. Considerations for the use of SLATs in estate planning
    1. Access to trust assets
    2. Choice of trustee
    3. Impact of joint property
    4. Building in substitution powers and options
  4. Tax consequences for SLATs, GRATs, and IDGTs

Benefits

The panel will review these and other key issues:

  • What are practical planning approaches for using SLATs, GRATs, and IDGTs?
  • What drafting strategies should be used in creating GRATs, SLATs, and IDGTs?
  • What seed money requirements should estate planning counsel consider?

NASBA Details

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  • Field of Study: Taxes
  • Level of Knowledge: Intermediate
  • Advance Preparation: None
  • Teaching Method: Seminar/Lecture
  • Delivery Method: Group-Internet (via computer)
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
  • Prerequisite: Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of estate, gift and trust taxation including various trusts types, the unified credit, and portability.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

IRS Approved Provider

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).