All Posts By

Richard Yam, J.D.

ING trust

Incomplete Non-Grantor (ING) Trusts – FAQs

By Blog
What is an Incomplete Non-Grantor (ING) Trust? An ING trust is a trust you set up in which assets you transfer to it are not completed gifts for gift tax purposes, yet the trust is a separate taxpayer for income tax purposes. The primary purpose of ING trusts is to eliminate the state income tax owed on the assets in the trust. The ING trust must be carefully drafted so that grantor trust status is not inadvertently triggered, while also giving you, as grantor, enough powers over the trust so that your transfer of assets into the trust are not…
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cliff

Mitigate New York’s Estate Tax Cliff with Smart Estate Planning and Gifting Strategies – 2022 Update

By and Blog
While the large increase in the federal estate tax exemption has provided many with federal estate tax relief, New Yorkers must continue to plan for New York estate tax. For a quick review of the New York Estate Tax “Cliff” basics, see the “Understanding New York’s Estate Tax “Cliff” blog post. What is the current exemption from New York estate tax again? The current New York estate tax exemption amount is $6,110,000 for 2022. Under current law, this number will remain until January 1, 2023, at which point it will rise again with inflation. Who does the Cliff affect? Everyone…
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tax law changes

Estate Planning in Light of Current Law: Your Questions and Our Answers – 2022 Update

By and Blog
This post will help you consider estate planning strategies in light of the current federal estate, gift and generation skipping transfer tax exemption, which in 2018 increased to $11.18M and has been indexed for inflation each year since then. However, the exemption amounts are scheduled to revert back to the pre-2018 exemptions (indexed for inflation) when the clock strikes midnight on January 1, 2026. Remind me what the numbers are. Below is a basic chart outlining the numbers (per person) pre-2018 as compared to the numbers currently. Remember these numbers relate to federal estate tax. We will discuss state estate…
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gst tax

Basics of Federal Estate, Gift, and Generation-Skipping Transfer (“GST”) Tax – 2022 Update

By and Blog
The bad news is that there is a federal tax on assets that you give away during life, at death, and to individuals two or more generations below you. The good news is that this tax will only apply to the wealthiest Americans and, even so, there are strategies you can use to minimize or avoid its application. The federal estate, gift and GST tax only kicks in above a certain dollar threshold. Furthermore, there are additional wealth transfer strategies that do not trigger any tax at all if structured properly. Taxable Gifts There is a federal estate and gift…
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SLATs

Spousal Lifetime Access Trusts (SLATs): FAQs – 2022 Update

By Blog
What is a Spousal Lifetime Access Trust (SLAT)? It is a trust that you (the grantor) set up for the benefit of your spouse and your descendants. You would make a gift to the SLAT, using some of your federal lifetime gift exemption (currently $12.06M in 2022) to shield that gift from gift tax. While you give up all your rights and control over the gifted assets, your spouse will have access to the gifted assets as beneficiary of the SLAT. When does it make sense to have a SLAT? You should consider creating a SLAT if you have a…
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new york estate tax cliff

Understanding New York’s Estate Tax “Cliff” – 2022 Update

By and Blog
In 2014, dramatic changes were made to New York’s gift and estate tax law. For many clients, the subject of the New York estate tax “cliff” continues to remain a source of confusion. This is for good reason. The New York cliff is not easy to understand, nor is it easy to know how it may impact your particular situation. The answers below are intended to guide those who remain baffled by the New York estate tax cliff. Does New York have an estate tax? Yes. New York, like several other states, has a state estate tax. This means that…
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tax cheat sheet

2022 Federal & State Estate and Gift Tax Cheat Sheet

By and Guides & Whitepapers
Here we have provided a “cheat sheet” to keep in mind for 2022 federal estate, gift and GST exemptions, as well as exemptions and inheritance tax consequences in specific states where a number of our clients reside. Federal Estate, Gift, and GST Tax Below is a summary of the current federal estate, gift, and generation-skipping transfer tax provisions for 2022. Note that, under current law, the increases in exemption amounts that began in 2018 are set to expire in 2026, at which point they will revert back to the pre-2018 numbers (i.e., $5,490,000 per person, indexed for inflation). Gift and…
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tax law changes

Tax Proposals: Big Changes to Come

By Blog
On November 3, the House Rules Committee updated the October 28 revised reconciliation bill for the Build Back Better Act – H.R. 5376, which differed from the original draft released on September 13. Below is a summary of the changes: Income and Investments The top individual tax bracket remains 37% (versus an increase to 39.6%). Enacts a 5% surtax on modified adjusted gross income over $10,000,000, and an additional 3% surtax on modified adjusted gross income over $25,000,000 (versus a 3% surtax on incomes above $5,000,000). Trusts and estates will be subject to lower thresholds at $200,000 and $500,000 of MAGI (newly added). The top capital…
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trust tax

How Are Trusts Taxed? FAQs

By Blog
With the tax season fast approaching, you may have questions about how your trust is taxed, who is responsible for tax filings, or how trust income taxes get paid. This blog will answer some common questions you may have about the taxation of your trust. Do all trusts pay income taxes? It depends. A trust is a separate legal and taxable entity. Whether the trust pays its own taxes depends on whether the trust is a simple trust, a complex trust, or a grantor trust. Simple trusts and complex trusts pay their own income taxes. Grantor trusts do NOT pay…
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CLAT

Charitable Lead Annuity Trusts (CLATs)

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What is a Charitable Lead Annuity Trust (CLAT)? A charitable lead annuity trust (“CLAT”) is a type of charitable trust where a charity, donor advised fund, or foundation of the grantor’s choosing (the “Lead Beneficiary”) receives annual payments, either for a term of years or the grantor’s lifetime. At the end of this defined period, the remaining CLAT assets are distributed to the CLAT’s non-charitable beneficiaries, who are usually the grantor’s descendants, or trusts for the descendants’ benefit. How do CLATs work? For CLATs, the Lead Beneficiary receives fixed payments each year. The term of the CLAT may be for…
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