Trusts and Estates > Philanthropy > Terminating Gifts

Oct 1, 2006 12:00 PM

Terminating Gifts

By Winton C. Smith, Jr., partner, Winton Smith and Associates, Memphis, Tenn.

There are many strategies that a professional advisor can use to help clients exit from planned gifts. All require a clear understanding of the partial interest rule.

The general rule is that a gift of a partial interest is not deductible unless it consists of a remainder interest in a unitrust, annuity trust, pooled income fund, personal residence or a farm. The exceptions are not permitted if the partial interest was created as a way to get around the partial interest rule. There are three important exceptions:

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