Charitable Giving Reform for 2024?

Philanthropy may well take on a new look in 2024 coming from a variety of sources, by the Department of Treasury regulating donor advised funds (DAFs), Congresses’ effort to curb either contributions to or distributions from DAFs, and even the Supreme Court which will decide whether Congress can tax unrealized earnings, i.e., wealth.

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Administering GST Exposed Trusts

A trustee’s duty to administer a Trust subject to the generation skipping transfer tax requires the determination and management of that Trust’s GST inclusion ratio.

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Corporate Transparency Act Update

The hoped for delay in the Corporate Transparency Act (CTA) reporting requirements will not occur in light of the November 8 Treasury Department Release. Treasury clearly intends to maintain the existing FinCEN filing deadlines. Moreover, it will require strict compliance with the CTA’s Final Regulations.

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More on Michigan’s new Uniform Power of Attorney Act

Before the new power of attorney law becomes effective, it would be wise to confirm if existing powers of attorney will be accepted by financial institutions.

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Charitable Remainder Trusts: Types and Traps

Charitable remainder trusts (CRTs) are a great way to save income taxes and to support a donor’s favorite charity. However, like any estate planning strategy, there are also traps along the way to be mindful of when funding a CRT.

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Renunciations, Disclaimers, and Net-Gift Agreements, Oh My!

Planning with qualified disclaimers, and sometimes even non-qualified disclaimers, can produce interesting transfer tax results. This is especially the case with a disclaimer of an income interest in a QTIP Trust.

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The “Widow’s Penalty”

When counselling a married couple be mindful of the ‘widow’s penalty’ which might lead the couple to seriously consider a Roth IRA conversion.

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Are Social Security and Medicare on Life Support?

Congress can no longer ignore the spread between Social Security and Medicare benefits and the payroll taxes needed to pay for those federal entitlement programs.

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IRA Distributions and “Restorative Payments”

Sadly, many elders are vulnerable to fraud when it comes to their IRAs. Few remedies exist for the victims who have lost their IRAs yet have had to pay the income taxes on the fraudulently induced distributions.

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A Primer on Electing Small Business Trusts (ESBTs) and Qualified Subchapter S Trusts

A Trust that holds S corporation stock is confronted with the decision to make either a qualifying subchapter S trust (QSST) election or an electing small business trust (ESBT) election. There dramatically different rules for each type of irrevocable trust that holds S corporation stock, and advantages and disadvantages to each.

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