If passed into law, your estate plan strategies could very well be affected by any of the three legislative proposals recently introduced. These proposals, introduced by the House Democrats, would significantly affect some of the more commonly used wealth transfer strategies. This article focuses on the three proposals to watch and how they can alter your strategies if passed into law.
- Reduction in the federal estate tax exemption – Essentially the current exemption would be cut in half. You may want to consider completing large gifts before year-end if this proposal becomes law.
- Alterations to grantor trust rules – Currently, irrevocable trusts may be created as grantor trusts for income tax purposes, which can be very advantageous in certain situations such as gifting. If the new proposal becomes law, trusts that are treated as grantor trusts for income tax purposes would be included in the grantor’s estate for estate tax purposes, also requiring the grantor to recognize gain on assets sold to this type of trust. If you are planning to create intentionally defective grantor trusts, you may want to complete these transactions as soon as possible.
- Limits on available discounts for nonbusiness assets – The proposed legislation would essentially eliminate discounts on passive assets. These assets are ones not used in actively conducting business. This would reduce the number of discounts available to transfers of closely held family entities, such as limited liabilities and partnerships which hold passive assets. If you are planning gifts of closely held businesses which hold passive assets, go ahead and plan to complete this soon.
If you need assistance with your estate plan per these new proposed laws, Rhodes Law Firm is happy to assist. Contact us today!