Sometimes a serious illness or health scare prompts people to take a hard look at their estate planning. Frequently, this is when the desire to minimize the impact of estate/inheritance taxes becomes a priority.
Better Late Than Never
Although it's recommended that estate planning techniques be put in place long before someone dies, there are a few ideas in the estate planner’s toolkit that may help reduce the tax bill.
Estate Planning Considerations
As tax laws continue to be updated and changed, it's important to periodically review any and all tax documents. If a document was prepared under a former tax law, work with your tax professional to determine any updates that may be needed (i.e., ensure that any desired advantages of the new law are taken into account).
Many people are surprised to discover that the beneficiary designation on file for life insurance, annuities, and retirement plans (including IRAs), will supersede whatever is provided in a will regarding these accounts. It’s easy and inexpensive to make sure that all beneficiary designations are up-to-date. This can avoid aggravation later, or worse, once it’s too late to make changes.
Annual gifts of up to $16,000 ($32,000, if made jointly with a spouse) per recipient are exemptible from tax reporting. People with large families can save significant taxes by taking advantage of this provision. Payments made directly to the providers of health or educational services on behalf of another person are also excluded from gift tax consequences. This can allow grandparents to pay tuition for their grandchildren as a way of reducing the size of their taxable estate. It’s also possible to save taxes by giving appreciated property to a family member in a lower tax bracket, but property which has declined in value should normally be sold before using it to fund a gift. Some of the tax rules concerning gifting are complicated, so you should consult your attorney or accountant before making a large gift.
Estate Strategies for Shortened Life Expectancy (“Bet-to-Die” Strategies)
Some strategies should only be attempted with the guidance of an experienced attorney. A few of the strategies used in complex estate planning perform unusually well in the case of someone whose life expectancy is shorter than normal.
Typically, these are designed for the older person to transfer a sum of money or property to a family member who agrees to pay the older person a monthly income for the rest of their life. The rules under IRC §7520 will prevent someone from using this if he/she has been diagnosed with a terminal illness.
Self-Cancelling Installment Note (SCIN)
These can resemble a Private Annuity in that a sum of money or property is transferred to someone who agrees to pay a note which ends at the seller’s death. Since the note is cancelled at the seller’s death, the unpaid balance is not included in the seller’s estate. A premium is required to be added to the purchase price or interest rate to account for the mortality feature. Importantly, the IRS decided in GCM 39503 that the restrictions of IRC §7520 regarding terminal illnesses that apply to annuities and other instruments, do not apply to SCINs.
Charitable Lead Annuity Trust (CLAT)
This strategy involves creating a trust which provides an annual stream of income to a charity. Normally, upon the grantor’s death, the trust ends and the remaining principal is distributed to the grantor’s heirs. The assets are removed from the grantor’s estate, and the income tax consequences of the trust are determined when the trust is created. The trust is also subject to the life expectancy limits of IRC §7520. However, if the grantor’s life falls short of the mortality table, the CLAT will create a tax break for the family. Although procrastination is never a suggested strategy, it’s a common human trait. But even at a later date, it’s possible to improve your financial outcome with appropriate guidance.
Working with Janney
Depending on your financial needs and personal preferences, you may opt to engage in a brokerage relationship, an advisory relationship or a combination of both. Each time you open an account, we will make recommendations on which type of relationship
is in your best interest based on the information you provide when you complete or update your client profile.
When you engage in an advisory relationship, you will pay an asset-based fee which encompasses, among other things, a defined investment strategy, ongoing monitoring, and performance reporting. Your Financial Advisor will serve in a fiduciary capacity for your advisory accounts. For more information about Janney, please see Janney’s Relationship Summary (Form CRS) on www.janney.com/crs which details all material facts about the scope and terms of our relationship with you and any potential conflicts of interest.
By establishing a relationship with a Janney Financial Advisor, we can build a tailored financial plan and make recommendations about solutions that are aligned with your best interest and unique needs, goals, and preferences. Contact us today to discuss how we can put a plan in place designed to help you reach your financial goals.
Janney Montgomery Scott LLC, its affiliates, and its employees are not in the business of providing tax, regulatory, accounting, or legal advice. These materials and any tax related statements are not intended or written to be used, and cannot be used or relied upon, by any taxpayer for the purpose of avoiding tax penalties. Any such taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.