Structuring Defined Value Clauses in Trust Transfers: Formula Allocations and Price Adjustment Clauses

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, April 21, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide estate planning counsel with a comprehensive and practical guide to structuring defined value formula clauses to avoid gift tax consequences on asset transfers. The panel will provide specific guidance on making formula allocations to withstand IRS scrutiny and identify conditions in transfer structures that trigger gift tax imposition.

Description

The use of defined value clauses to mitigate gift tax impact on the transfer of hard to value assets has long been an item of IRS scrutiny. While the Service lost several tax court challenges to defined value clauses, it continues to take an adverse audit position and seek suitable new cases to take to court.

Several defined value clauses have withstood IRS scrutiny, utilizing both formula allocations and price adjustment clauses. Proper implementation of the transfer is critical to structuring a defined value clause, and there must be no pre-arrangement between the transferor and the transferee.

In the current environment with an increased exemption amount, estate planning advisers should protect lifetime transfers from unintended gift tax with a well designed defined value clause. Because the Service will continue to scrutinize the construction and implementation of defined value clauses, estate planners must carefully draft and strictly implement the provisions according to their terms.

Listen as our experienced panel provides comprehensive guidance to structuring defined value clauses that will withstand IRS scrutiny and challenges. The panel will review specific language designed to be as robust as possible if challenged yet flexible enough to be used in multiple contexts.

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Outline

  1. Types of defined formula value approaches
    1. Formula allocation clause based on a subsequent agreement of involved parties
    2. Formula allocation clause based on final values as determined for gift tax purposes
    3. Price adjustment clauses
  2. Impact of recent cases
  3. Exercising substitution powers using a defined value clause
  4. Traps to avoid

Benefits

The panel will review these and other noteworthy issues:

  • What are the grounds for IRS challenges of defined value clauses?
  • What types of defined value clauses have failed to withstand IRS challenges?
  • How to best structure defined value clauses
  • How to structure defined value clauses involving non-taxable transfers other than to public charities

Faculty

Hood, Paul
L. Paul Hood, Jr., JD, LL.M, CFRE, FCEP

Consultant
Paul Hood Services

A native of Louisiana (and a double LSU Tiger), Mr. Hood obtained his undergraduate and law degrees from Louisiana...  |  Read More

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