Take-Away: The attempt to use a governing instrument like a Will or Trust to expressly allocate taxable income from a retirement plan or IRA account to a charity will be unsuccessful unless that allocation directive has an economic effect independent of the income tax consequences. Background: Sometimes a 401(k) account or a traditional IRA are […]

Take-Away: In response to new IRC 199A and its 20% income tax deduction for sole proprietorships and ‘pass-through’ entities, one planning strategy was for a business owner to transfer interests in an operating business into several non-grantor trusts, so that each trust could qualify for the IRC 199A deduction with regard to the income that […]

In Notice 2018-57 Treasury just announced the cost-of-living adjustment for transfer tax exemptions and the income tax standard deduction. Estate and gift tax exemption: $11,400,000 per person (up from $11.18 million) Gift tax annual exclusion: $15,000 per donee (same amount as in 2018) Income Tax Standard deduction: marrieds, filing-jointly: $24,400 (up from $24,000 for 2018) […]

Take-Away: On November 8 Treasury published its Priority Guidance Plan with regard to tax regulations and other estate and gift tax topics that will be addressed before June 30, 2019 that are of interest to trusts and their administration. Key Topics in the Priority Guidance Plan: Fiduciary Investment Advisory Fees: Top of the list will […]

Take-Away: Unlike ‘normal’ creditors who must first obtain a judgment before the debtor’s assets can be levied upon, the IRS possesses a statutory right to levy a taxpayer’s assets without first having to go to court. Background: A recent Michigan federal court decision provides a helpful reminder that the IRS is a unique ‘creditor’ which […]

Take-Away: Grantor trusts are popular estate planning devices these days. The trust’s income is taxed to the grantor, but the payment of the trust’s income tax liability by the grantor is not treated as a taxable gift. Similarly, since the trust is treated as the grantor’s alter ego, the sale of appreciated assets from the […]

Take-Away: Michigan is currently exploring the adoption of the Uniform Directed Trustee Act (UDTA.) If adopted, the UTDA would provide a dramatic improvement on Michigan’s current law, at least from the directed trustee’s perspective. Background: Michigan’s current law that deals with a directed trustee is actually its trust protector authorization. [MCL 700.7809(4).] This Michigan Trust […]

Take-Away: An IRC 403(b) account is very similar to an IRC 401(k) account. One exception, however, is the opportunity to contribute a bit more as a ‘catch-up’ contribution to an IRC 403(b) account. Background: While the 403(b) account is close to a 401(k) account there are a few important distinctions between the two. You can […]

Take-Away: An overlooked provision of the Estates and Protected Individuals Code (EPIC) is the statute that gives to a surviving spouse intestacy rights to a portion of the deceased spouse’s estate when the surviving spouse is not mentioned in the deceased spouse’s Will. This statutory inheritance right is different from a surviving spouse’s right to […]

Take-Away: The Michigan State Bar Journal  devoted its November issue to an update of several estate planning topics, addressing: Asset Protection Trusts, Financial Powers of Attorney, the proposed Uniform Directed Trust Act, Exempt Property Allowances to surviving children, and Litigating the Presumption of Undue Influence. A few key points extracted from these articles are summarized […]