May 1, 2011 12:00 PM

Planning for Multi-generational Trusts

The 2010 Tax Act creates many new opportunities, but beware of unexpected traps

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the 2010 Tax Act) creates significantly more multi-generational trust planning opportunities. The 2010 Tax Act increases the gift, estate and generation skipping transfer (GST) tax exemption to $5 million per person through Dec. 31, 2012.1 The increased exemptions create a window of opportunity, making now an ideal time for transfer-tax planning. Asset values, particularly for real estate, are low. Interest rates remain at their lowest levels. There are, however, caveats. The 2010 Tax Act may create unexpected traps for the unwary practitioner.

Arguably, the key to taking advantage of the larger exemptions now available under the 2010 Tax Act is to understand that they may be limited or reduced should prior law apply retroactively. The problem is that the sunset provision of the Economic Growth and Tax Relief Reconciliation Act of 2001 (the 2001 Act) would eliminate a number of GST tax planning tools like liberal severance, automatic allocation and late allocation rules.

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Topics of Interest

Estate Tax Donor Advised Funds
GSTs Family Offices
Private Foundations Life Insurance
2010 Tax Act News Industry Trends Surveys

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