September 2021 AFRs

The following are the applicable federal rates of interest for September, 2021: Short-term rate (0- 3 years):              0.17% Mid-term rate    (3 to 9 years):            0.86% Long-term rate  (9 years or longer): 1.73% (annual interest) 1.72% (semi-annual or quarterly interest) and 1.71% (monthly interest) […]

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SECURE Act 2.0 – Heading Our Way Soon?

Take-Away: As we await Congress’ return to session this fall and its annual task of establishing a budget for fiscal year 2021-2022, not only will income tax increases be on everyone’s mind, but also possible changes to the rules with regard to retirement plans, plan contributions,  and possibly the income tax deduction that is associated […]

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Proposed Tax Reform and Philanthropy

Take-Away: With much of the tax reform being talked about in Congress this past spring and this summer, little has been said about the possible impact of some of the tax proposals on philanthropy. Some planning options may be curtailed, yet others will continue to exist, and may even present better tax-saving opportunities if income […]

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Dementia Diagnosis Does Not Invalidate Will

Take-Away: Just because an individual is diagnosed with dementia, or they have a court appointed conservator, does not automatically mean that the individual does not possess  testamentary capacity to sign either a valid Will or Trust. Background: Testamentary capacity to sign a Will is described in the Estate and Protected Individuals Code (EPIC.) If over […]

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New RMDs Coming in 2022

Take-Away: Beginning in 2022 the IRS will begin using longer life expectancies to calculate required minimum distributions (RMDs.)With longer life expectancies, annual RMD amounts will drop between 0.3% to 0.5%. Background: Lifetime RMDs which are taxed as ordinary income must be taken from an individual’s retirement account each year beginning in the year that the […]

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Trustee Reporting and Communication

Take-Away: Reporting to and communicating with trust beneficiaries is one of the principal duties of a trustee. Those responsibilities could be altered if Michigan decides to make changes to its Trust Code to permit quiet trusts. Background: One of the big ‘eye-openers’ I have had in the past five years since leaving the practice of […]

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Rollover Refresher

Take-Away: The IRS’s rollover rules are highly complicated. Often there is confusion when an amount is rolled over at the end of a calendar year. It is important to remember that the one-rollover per year rule is a 365-day rule, not a calendar year rule. Background: Often there is confusion when an IRA owner rolls […]

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Are You Sure You Want to be an ILIT Trustee?

Take-Away: Many unsuspecting individuals serve as trustees of an irrevocable life insurance trust (ILIT.) Most of those individuals are clueless as to the fiduciary responsibilities associated with that role and their corresponding exposure to personal liability. ILIT Trustees: If an individual agrees, often as an accommodation to a family member or friend, to serve as […]

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Toggling On and Off Grantor Trust Status

Take-Away: In the past the income and estate tax benefits of a grantor trust have been covered. Also previously covered is the fact that most spousal lifetime access trusts (SLATs) are grantor trusts. It is possible to structure a SLAT to not be a grantor trust, but that classification can be toggled on-and-off in how […]

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RMDs: To Take, or Not to Take, that is the Question

Take-Away: The SECURE Act’s new 10-year distribution requirement requires present value calculations to determine whether it is best to defer taking any distributions from an inherited IRA until the tenth year, or to take distributions each year from the inherited IRA, or in some other pattern. Background: The Tax Code essentially provides two different situations […]

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