Trump Accounts- Update and Unanswered Question

If you have clients who have asked questions about opening and funding a Trump Account, some tentative answers can be found in the IRS Notice 2025-68 which was released on December 2, 2025.

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Trusts and the Charitable Deduction Limit

The OB3’s new rule that limits the overall itemized deductions indirectly affects the otherwise ‘unlimited’ charitable income tax deduction that is available to trusts and estates. Fiduciaries will now be required to reassess both planned charitable distributions and investments needed to generate liquidity to deal with the resulting income tax liability that many trusts and estates will face in 2026.

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Health Savings Account Update

Health Savings Accounts are much more than just a checking account to pay for copays and medical deductibles. They can also function as a quiet retirement savings vehicle with unmatched tax advantages using consistent annual contributions, investing the HSA balance wisely, and delaying, if possible, HSA distributions until the owner’s retirement years.

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Gift Tax Return Update

While the Form 709 gift tax return appears pretty straightforward, it is a lot more complex than one would surmise from its breadth. We often throw around the ‘3-year-statute-of-limitations’ like it is a simple clock that starts to run from the date the return is filed, and the donor is magically ‘home free’ after three years, which is not the case.

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End of 2025 Charitable Giving

With the charitable giving rules changing in about a month, there may a couple of last-minute steps to take to maximize the tax deduction impact of a charitable gift.

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The Family Owned Business- IRC 2704

In some ways it might make more sense for Dad to simply transfer his interest to a younger generation family member, because the transfer of an interest, rather than a restriction or elimination, will not be a lapse that results in a deemed gift.

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‘In-Kind’ RMDs

In ‘down markets’ it might make sense to take a required minimum distribution (RMD) in-kind, rather than selling the investments and satisfying the RMD obligation paying cash from the sales proceeds.

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2026 Retirement Plan Contribution Limits

The IRS just published the inflation adjusted retirement plan contribution limits for 2026.

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Bankruptcy, Inherited IRA, and Excess Contributions-Oh My!

Funding an IRA with an amount that exceeds the annual limit under IRC 219 can render the entire account non-exempt in bankruptcy, and not just the excess portion. The resulting 6% excise tax under IRC 4973 is evidence that the funds are not fully tax-exempt.

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Short ‘Stuff’

This is just the beginning of expected onslaught of IRS Regulations and Form arising from the OB3 and the SECURE 2.0 Acts. With the IRS being deliberately understaffed these days, we could be waiting a long time for the needed guidance on how these new tax laws will be implemented.

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