The “Adequate Disclosure” Rule

While most of us are aware of the three-year statute of limitations when it comes to reporting gifts to the IRS, we tend to gloss over the requirement that the three-year statute of limitations only commences when there has been an adequate disclosure of the gift to the IRS.

Read More

Projected Inflation Adjusted Amounts for 2024

With the release of the ‘chained’ Consumer Price Index for August 2023 behind us, we now have a pretty good idea of what the federal tax exemptions and exclusions will be for 2024.

Read More

Impact of Divorce on Dispositions to Stepchildren

While a divorce automatically revokes a disposition to an ex-spouse in a governing instrument like a Will or Trust, all by a Michigan statute, there continues to be a debate if a bequest or devise to a stepchild is also automatically revoked when a divorce occurs.

Read More

Retirement Plan Quirks

Much confusion in the retirement planning world stems from the fact that there are different rules for each type of retirement plan, e.g., IRA, Roth IRA, 403(b) plan, qualified plan, etc.

Read More

CRATs, GRATs and the Atkinson Rationale

The administration a trust, either a charitable remainder trust or a grantor retained annuity trust, after it is created is equally as important as complying with the required technical terms of the trust, when the goal is to either obtain an income tax deduction or avoid the imposition of a taxable gift.

Read More

Providing a Copy of the Trust Obligation

Providing information with regard to a trust to its beneficiaries is statutorily required. Ambiguity exists, however, when trying to determine what trust provisions affect the beneficiary’s interest or when a request for information from a trust beneficiary is unreasonable.

Read More

More on Roth Catch-up Contributions

In recent IRS Notice 2023-62, the IRS delayed the SECURE Act 2.0 requirement that some catch-up 401(k) contributions be Roth catch-up contributions, i.e. made with after-tax dollars, until 2026.

Read More

Generation Skipping Transfer Tax – Alive and Well

Many ‘old’ irrevocable trust may soon be terminating or entering into new phases, where the generation skipping transfer tax (GSTT) will increasingly apply, with non-skip beneficiaries dying and with skip persons becoming eligible to receive trust distributions.

Read More

Donor Advised Funds -The “Big” Picture

: In 2021 donor advised funds made up seven of the top 10 charities to which contributions were made by the general public.

Read More

RMDs and Annuities

While annuitizing a portion of a retirement account can reduce the account owner’s taxable required minimum distribution amount, there are still plenty of unanswered questions that require the IRS’s guidance in hopefully soon Temporary Regulations.

Read More