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QTIP Elections in Estate Plans: When and How to Elect, Anenberg and McDougall, Interplay With Portability

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Monday, July 14, 2025

Recorded event now available

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This webinar will explain how QTIP trusts are utilized in estate plans. Our panel of trust and estate strategists will review the implications of the Anenberg and McDougall decisions for estates, point out when a QTIP election should be made on an estate return, and discuss the interaction of QTIP planning and portability.

Description

QTIP trusts allow taxpayers to retain control over assets, provide lifetime support for a surviving spouse, and defer estate tax until the death of a surviving spouse. The decisions surrounding QTIP elections changed remarkably when portability was added in 2011. And, the election, once made, is irrevocable.

Two recent cases, Anenberg v. Commissioner and McDougall v. Commissioner, exemplify the importance of properly structuring and administering these trusts. The Anenberg and McDougall decisions reveal criteria for determining how and when subsequent transactions could subject beneficiaries to gift tax, thus negating the benefits of these tax-saving trusts.

Trust and estate advisers need to understand when and how a client can benefit from a QTIP trust and when and how a QTIP election should be made on Form 706, United States Estate Tax Return.

Listen as our panel of astute transfer tax advisers discusses the benefits and caveats of QTIP trusts, recent developments, and how and when a QTIP election should be made.

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Outline

  1. QTIP trusts: introduction
  2. Recent developments
    1. Anenberg v. Commissioner
    2. McDougall v. Commissioner
  3. Interplay with portability
  4. Making the election on Form 706
  5. Examples and illustrations

Benefits

The panel will cover these and other critical issues:

  • Lessons learned from McDougall v. Commissioner
  • The impact of a QTIP trust on DSUE (deceased spouse unused exclusion)
  • Completing Schedule M, Form 706 for QTIP property
  • Benefits and caveats of using QTIP trusts in estate plans

Faculty

Doyle, Jere
Jeremiah W. (Jere) Doyle, IV

Senior Vice President
Bank of New York Mellon

Mr. Doyle provides clients with integrated wealth management advice on how to hold, manage and transfer their...  |  Read More

Edmondson, S. Gray
S. Gray Edmondson

Partner
Edmondson Sage Allen

Mr. Edmondson practices in partnership, corporate, and individual tax planning; business transactions including mergers...  |  Read More

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