Advanced Trust Drafting for Income Tax Minimization: Including Capital Gains in DNI, Push-Outs and More
Managing the Disparity in Income Tax Treatment Between Beneficiary and Trust
Recording of a 90-minute CLE/CPE webinar with Q&A
This CLE/CPE webinar will provide estate planning counsel with a comprehensive understanding and application of best practices in tax planning and trust document drafting to minimize income tax consequences of trust income. The panelist will provide a thorough review of the rules and practices covering inclusion of capital gains in distributable net income (DNI) for trusts and estates, and other critical considerations for minimizing income taxes on trust receipts through careful structuring of the trust’s governing instrument.
Outline
- Default capital gains treatment inclusion in corpus
- Treas. Reg. Section 643(a)-3(b) provisions for including cap gains in DNI
- Instrument provides for inclusion in income
- Allocated to corpus but treated as distribution
- Actually distributed
- Push-out provisions and prioritizing distributions
- Use of Section 678 withdrawal powers
- Non-tax considerations
- Drafting provisions for income tax minimization
Benefits
The panelist will review these and other key issues:
- What are the general requirements of IRC 643 on treatment of capital gains and FAI?
- How can the trust document be structured—and interpreted—to allow inclusion of capital gains in DNI?
- What are local and state provisions that may allow capital gains inclusion in DNI?
- Income push-out provisions
- What are best practices for income tax minimization on trust accumulation?
Faculty

Robert S. Barnett
Partner
Capell Barnett Matalon & Schoenfeld
Mr. Barnett practice encompasses business and tax planning, estate planning and federal and state tax dispute... | Read More
Mr. Barnett practice encompasses business and tax planning, estate planning and federal and state tax dispute resolution, among other engagements. He is a frequent writer on tax topics for professional journals.
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Albert Dumaual
Atty
Capell Barnett Matalon & Schoenfeld
Mr. Dumaual’s areas of practice focus primarily on tax and estate planning. He received his LL.M. in... | Read More
Mr. Dumaual’s areas of practice focus primarily on tax and estate planning. He received his LL.M. in Taxation from the NYU School of Law and his Juris Doctor from Touro College Jacob D. Fuchsberg Law Center, where he graduated cum laude.
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