4 Things Beneficiaries Who Receive IRS Form 8971’s Schedule A Must Know

By Jacey L. Hayes

When someone inherits assets, he or she is supposed to have a tax basis in the inherited asset for income tax purposes equal to the “fair market value” of the inherited asset at the date of death. The IRS is concerned that it is losing billions of dollars due to improper basis reporting for inherited assets: that is, the executor reports the assets on the estate tax return at one value, and then when those same assets are later sold, exchanged, or transferred by the beneficiary, the beneficiary reports the basis at a higher value. To tackle this concern, all estates which file an estate tax return after July 31, 2015, also must now file, within 30 days after filing the estate tax return, new IRS Form 8971, and provide a Schedule A to each beneficiary. A beneficiary’s Schedule A must also be given to the beneficiary within the same time frame. (Note that for all estate tax returns filed between August 1, 2015 and May 31, 2016, the due date of Form 8971 was postponed to June 30, 2016, leading to a flood of recent filings.) Continue reading “4 Things Beneficiaries Who Receive IRS Form 8971’s Schedule A Must Know”

IRS Confirms – No More Phone Calls (At Least Not Initially)

By Jeffrey D. Davine

It has been somewhat of an epidemic. Lots of taxpayers have received calls from persons who claim to be from the IRS and who assert that the recipient of the call has an outstanding federal tax liability. The caller then threatens some kind of draconian penalty (e.g., the police will be immediately dispatched to arrest the recipient of the call) unless immediate payment is made by wire transfer, debit card, or some other mechanism whereby the caller can extort some quick money.  Continue reading “IRS Confirms – No More Phone Calls (At Least Not Initially)”

Valuation Rule for Early Termination of Net-Income Charitable Remainder Unitrusts

By David Wheeler Newman

Under Internal Revenue Code § 664, a qualified charitable remainder unitrust each year during its term distributes to a non-charitable beneficiary a fixed percentage (5% or greater) of the value of trust assets, determined annually (the unitrust amount).  Assets remaining in the CRUT at the end of its term are distributed to charity.  Section 664(d) provides that a qualified CRUT may limit distributions to the non-charitable beneficiary to the lesser of the unitrust amount or trust income under fiduciary accounting principles (a net-income CRUT, or NICRUT), and may pay the non-charitable beneficiary any trust income in excess of the unitrust amount to the extent that aggregate distributions in prior years were less than the aggregate unitrust amounts as a result of the net-income limitation (a net-income with make-up CRUT, or NIMCRUT). Continue reading “Valuation Rule for Early Termination of Net-Income Charitable Remainder Unitrusts”

Four Lessons Learned from Prince’s Estate (So Far)

By Jeffrey K. Eisen

Several of the events surrounding the initial administration of Prince’s estate provide lessons applicable to all estate plans, not just celebrity estate plans.

  1. If You Don’t Have an Estate Plan, the State Will Write One For You. Prince died without a Will.  Because he was not married at the time of his death and he had no surviving parents, children or grandchildren, his sister, and his five half-brothers and half-sisters each will inherit one-sixth of his estate.  Two other half-siblings died before Prince, apparently leaving no children of their own; otherwise, they would be entitled to part of the estate as well.

Continue reading “Four Lessons Learned from Prince’s Estate (So Far)”

Higher Learning: A Potentially Expensive Lesson About 529 Plans

By Karl de Costa

A “529 qualified tuition plan” is an education savings plan designed to encourage and help families set aside funds for future college costs.  It’s named after Section 529 of the Internal Revenue Code, which created this type of plan in 1996.

Americans have an estimated $248 billion currently invested in 529 plans.  And it’s easy to understand why.  Generally speaking, 529 plans offer an impressive array of income tax and estate tax breaks, plus other benefits.

No Password? See You In Court?

By Seth W. Krasilovsky

Many headlines have been generated over recent attempts to recover highly desired data from a locked smart device after the death of the device’s owner.  While the legal battle between Apple and the FBI over information stored by one of the San Bernardino shooting suspects in an iPhone pitted law enforcement against the technology community, it should also serve as a high profile reminder of the need to address digital passwords as part of an estate plan. Continue reading “No Password? See You In Court?”

Where Do You Think You’re Going?

By Jeffrey D. Davine

Maybe nowhere if you owe the IRS more than $50,000.

Congress recently passed H.R.22. It was signed by the President on December 4th and it became Public Law No: 114-94. The law is known as the “Fixing America’s Surface Transportation Act” (“FAST”).

For taxpayers who owe the IRS more than $50,000, the FAST Act might be more appropriately classified as the STOP Act because it may prevent them from leaving the country. Continue reading “Where Do You Think You’re Going?”

The Charitable IRA Rollover is Now Permanent!

By David Wheeler Newman

Under the normal rules, an IRA distribution is included in the gross income of a donor, who then may claim a charitable income tax deduction if she contributes that money to charity. There has been a special rule for qualified charitable distributions, which has been extended on a temporary basis every two years, with the last such extension expiring at the end of 2014. This special rule, which has proven to be very important for charitable gift planning, has finally been made permanent by the Protecting Americans from Tax Hikes (PATH) Act, signed by President Obama on December 18, 2015, effective for distributions made in 2015. Continue reading “The Charitable IRA Rollover is Now Permanent!”

California Clarifies Investment Standards for Public Benefit and Religious Corporations

By Jeffrey D. Davine

Without a lot of fanfare, the California State Legislature recently passed a bill that seeks to provide some clarity for charities as to how they are supposed to invest their assets.

Assembly Bill 792 (“AB 792”) was passed by the California State Legislature in June, 2015, signed by Governor Brown in July, 2015, and will become effective on January 1st of next year. According to its author, it will assist California nonprofit public benefit and California religious corporations in making better investment decisions by clarifying California law regarding the investment of their assets. The hope is that this, in turn, will provide these entities with improved investment returns. Continue reading “California Clarifies Investment Standards for Public Benefit and Religious Corporations”

It’s Just a Simple Will

By Allan B. Cutrow

Often times, people believe their wills (or other estate planning documents) are really simple and straight forward. In fact, this assumption is probably the primary reason that some websites generate significant business selling legal documents prepared by non-lawyers. Such websites seek to create simple documents and offer to purportedly save consumers lots of money. Continue reading “It’s Just a Simple Will”