Trust, Estate, and Gift Taxation: Recent Developments, Allocation of GST Exemption, Preserving Asset Basis, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Tuesday, September 2, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE/CPE webinar will provide estate planners guidance on recent developments in trust, estate, and gift taxation and their impact on estate planning strategies. The panel will discuss the generation-skipping transfer tax and allocation of GST exemption, trust division to preserve asset basis and other tax attributes, gifts or bequests of appreciated property, and other key issues.
Mr. Capdevielle helps clients navigate the complex opportunities related to tax planning, business succession planning, and estate planning, and seeks to maximize tax savings and reach their goals.
The rules concerning trust, estate, and gift tax planning are continually changing. Recently, the IRS issued Revenue Procedure 2022-32 which extends the time frame to elect portability of the deceased spouse's unused exemption to five years from the date of death. However, not all estates are eligible for this relief.
The Treasury issued final anti-clawback regulations in 2019. These regulations provide assurance that completed gifts made under a record-high exemption would not later be pulled into a decedent's estate when the exemption sunsets in 2026 or if the current exemption is otherwise reduced. In response to perceived abuses, proposed regulations issued in 2022 outline exceptions to the relief granted under the regulations. Most notably, exceptions include gifts where the donor retains an interest in the asset transferred.
In addition to Revenue Procedure 2022-32 and the proposed anti-clawback exception regulations, there are also proposed regulations addressing administrative expense claims against an estate and other matters, IRS Letter Rulings covering issues with GST allocations and exemptions, trust division and modification's impact on preserving basis, and other issues impacting trust, gift, and estate tax. Trust and estate advisers must stay abreast of new and proposed legislative changes to minimize gift and estate taxes and ensure the seamless transfer of an estate's assets.
Listen as our panel of transfer tax experts reviews the latest developments in estate and gift tax for trust and estate professionals.
I. Introduction: recent trends in trust, estate, and gift taxation
II. GST transfer tax and allocation of exemption
III. Rev Proc 2022-32; portability election
IV. Trusts; preserving asset basis and other tax attributes
V. Proposed regulations
A. Exceptions to anti-clawback rules
B. Administrative expenses, claims against an estate, interest expense
VI. Cryptocurrency and digital assets in estates
VII. Recent cases and other developments
The panel will explore these and other critical issues:
- Which estates are eligible for the extensions of time to elect portability under Rev Proc 2022-32?
- How can trust division or modifications be used to preserve asset basis?
- How accrued interest and penalties are calculated under the proposed regulations
- What transfers are considered de minimis and not subject to the exceptions to the anti-clawback regulations?
- How proposed regulations affect estate plans already in place
