Minimizing Capital Gains in Estate Planning: Sales, Notes, Undoing Trusts, Upstream Gifting, Business Interests

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Estate Planning
- event Date
Tuesday, March 9, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide trusts and estates counsel guidance on various techniques to minimize capital gains in estate planning. The panel will discuss key estate planning issues from the sale and transfer of real estate, business interests, and other assets and effective methods to minimize or eliminate capital gains. The panel will focus on techniques involving the use of trusts, circumstances when undoing trusts may be beneficial, upstream gifting, installment sales, notes, and other key items for trusts and estates counsel.
Faculty

Mr. Barnett’s practice is highly concentrated in the areas of taxation, trusts, estates, corporate and partnership law and charitable planning. His experience includes surrogate’s court practice, tax dispute resolution in both federal and state jurisdictions, and tax court representation. Mr. Barnett frequently assists clients in structuring financial transactions and charitable gifts. His articles and lectures encompass a wide variety of topics, including business succession, estate planning, generation-skipping, stock options, effective strategies for removing tax liens, proper utilization of the marital deduction and utilization of partnership elections.

With more than 30 years of experience, Mr. Lipoff specializes in the delivery of domestic and international private client services to enable high-net-worth individuals and families to maximize their new or generational wealth. He provides strategic advice to his clients and their closely held businesses in the areas of income tax planning and compliance, estate planning and administration services, as well as family structure consulting. Through many years in practice, he synthesized the work of various related professionals, and their firms integrate several planning strategies into solutions that maximize value. Mr. Lipoff is a frequent lecturer and author of articles published through professional forums on topics including domestic and international - estate planning and fiduciary income taxation including constructive attribution rules for foreign trusts, Forms 3520 & 3520-A, Graegin Loans, business succession, generation-skipping transfers, Chapter 14 and carried interest estate planning for private investment fund principals, preferred freeze partnerships, and private placement life insurance.
Description
Estate planning attorneys employ many strategies designed to minimize or eliminate tax liability. Counsel must carefully craft planning techniques to reduce the impact of capital gains on certain assets in light of potential tax law changes under the Biden administration.
The election results could mean significant tax law changes impacting estate plans, which could lower estate and gift tax exemption amounts and end the benefits of stepped-up basis upon death. Trusts and estates counsel must consider clients' options to ensure a reduction or elimination of capital gain taxes.
Certain assets are prime to generate potential capital gains, such as real estate, business interests, stock, and other assets. To avoid the negative impact of capital gains on these assets, counsel can use various methods, such as the use of SLATs and GRATs, installment sales, promissory notes, and upstream gifting. Counsel may consider the undoing of trusts to ensure the estate plan's goals.
Listen as our panel discusses key considerations for clients to minimize capital gains through estate planning and effective techniques to achieve tax savings.
Outline
- Utilizing specific trusts or undoing trusts
- Upstreaming gifts
- Installment sales, notes, etc.
- Key issues and strategies for business owners
- Best practices for trusts and estate attorneys
Benefits
The panel will review these and other issues:
- What are the most effective strategies for minimizing capital gains in estate planning?
- What planning issues arise in the sale or transfer of real estate, business interests, stock, and other assets?
- What circumstances would cause one to consider undoing a trust?
- What are the advantages and disadvantages of upstream gifting?
- What are the benefits and challenges in using installment sales, promissory notes, etc.?
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