Structuring Intentionally Defective Grantor Trusts Under Current Tax Law and the Impact of Potential Tax Law Changes

Note: CPE credit is not offered on this program

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, February 24, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 28, 2022

or call 1-800-926-7926

This CLE webinar will provide estate planners with a comprehensive and practical guide to critical considerations and pitfalls to avoid in structuring intentionally defective grantor trusts (IDGTs). The panel will discuss navigating the tax treatment and fiduciary requirements for defective trusts upon the trustor's death, income allocation rules, post-mortem asset transfer strategies, and tax reporting requirements for defective grantor trusts.

Description

For most taxpayers, estate planning should focus on income tax efficiency while also maximizing the estate tax exemption.

IDGTs, when structured correctly, are very effective for transferring assets and property that will likely appreciate to beneficiaries because they allow the grantor to sell or transfer assets to the trust without recognizing a gain. The sale of an asset to an IDGT is not considered a gift event that would trigger gift taxes, and the sale is not considered a taxable event that would trigger any capital gains tax. Current low interest rates make IDGTs advantageous at this time, but they are not without risks including potential changes to the grantor trust rules, that practitioners should advise their clients of.

The sale of an asset to an IDGT is not considered a gift event that would trigger gift taxes, and the sale is not considered a taxable event that would trigger any capital gains tax. Also, the sale accomplishes the removal of the asset from the taxable estate. Current low interest rates make IDGTs advantageous at this time, but they are not without risks, that practitioners should advise their clients of.

Listen as our authoritative panel of estate planning counsel discusses best practices for determining which clients and assets can most benefit from IDGTs, maximizing the tax advantages, and avoiding the pitfalls associated with this technique.

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Outline

  1. IDGT advantages and applications
  2. Regulatory and statutory requirements
  3. Structuring the trust
  4. Structuring asset transfer transactions to defective trusts
  5. Tax consequences for IDGTs

Benefits

The panel will review these and other key issues:

  • What are the statutory and regulatory requirements for structuring IDGTs?
  • What are practical planning approaches for using IDGTs?
  • What drafting strategies should be used in creating IDGTs?
  • What tax considerations should estate planning counsel consider?

Faculty

Dougherty, James
James I. Dougherty

Partner
Dungey Dougherty

Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries...  |  Read More

Holloway, Maurice
Maurice D. Holloway

Partner
Nelson Mullins Riley & Scarborough

Mr. Holloway has experience in the formation of corporations, partnerships, and limited liability companies;...  |  Read More

Attend on February 24

Early Discount (through 01/28/22)

Cannot Attend February 24?

Early Discount (through 01/28/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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