Split-Dollar Agreements and Estate Inclusions: Application of Sections 2036 and 2038 to Certain Property Interests
Critical Takeaways From Recent Tax Court Rulings, Tax Treatment Under Regs. Sec. 1.61-22, Key Exceptions, Section 2703
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide trusts and estates counsel and advisers an-depth analysis of the use of split-dollar agreements and potential estate inclusions of property interests. The panel will discuss recent U.S. Tax Court cases on the application of Sections 2036, 2038, and 2703 to specific property interests, tax treatment under Regs. Sec. 1.61-22, the exception of the bona fide sale, and offer trusts and estate planning techniques for structuring split-dollar agreements and pitfalls to avoid.
- Use of split-dollar agreements in trust and estate planning
- Key pitfalls to avoid in structuring split-dollar agreements
- Application of Secs. 2036(a)(2) and 2038(a)(1)
- Section 2703 and valuing decedent's rights under an agreement
- Tax treatment under Regs. Sec. 1.61-22
- Other critical issues for trusts and estates counsel
The panel will review these and other key issues:
- What are the key considerations in structuring split-dollar agreements for trusts and estates?
- How do recent court rulings interpret the application of Sections 2036, 2038, and 2703 to certain property?
- What are the rules for the tax treatment of certain property under Regs. Sec. 1.61-22?
- What transactions fall under the exception of the bona fide sale?
Holland & Knight
Mr. Berselli is a partner in Holland & Knight's Portland office and is a member of the firm's Private... | Read More
Mr. Berselli is a partner in Holland & Knight's Portland office and is a member of the firm's Private Wealth Services Practice Group. He serves as general counsel to wealthy individuals, their families and their businesses throughout the United States to design and implement sophisticated strategies integral to family wealth planning. High-net-worth individuals, including principals of private equity, venture capital and hedge fund firms, private and public company executives, real estate developers, entrepreneurs and business owners, turn to Mr. Berselli for advice and counsel in all aspects of wealth transfer strategies, income and transfer tax planning, philanthropy and business succession.Close
Griffin H. Bridgers
Hutchins & Associates
Mr. Bridgers' practice encompasses all areas of private wealth and family business. In addition to estate... | Read More
Mr. Bridgers' practice encompasses all areas of private wealth and family business. In addition to estate planning and estate administration, he is experienced in mergers and acquisitions, taxation, business transactions, franchising, commercial contracts, asset protection, executive compensation, employee benefits, qualified and non-qualified retirement plans, and nonprofit organizations. He counsels closely-held and family businesses, and nonprofit organizations, with their planning, succession, and liquidity needs in a variety of industries including tech, restaurant and retail, healthcare, manufacturing, construction, real estate, financial services, consulting, and professional staffing.Close
Ashley B. Sawyer
Loeb & Loeb
Ms. Sawyer focuses her practice on tax-efficient planning with an emphasis on each client’s personal, non-tax... | Read More
Ms. Sawyer focuses her practice on tax-efficient planning with an emphasis on each client’s personal, non-tax objectives. She also advises on and implements complex charitable and non-charitable planning techniques for high net worth individuals; counsels private foundations and public charities in applying for tax-exempt status and navigating governance issues; and assists with probate administration, trust administration, tax compliance, and transactions involving investment and residential real estate.Close