The Treasury recently issued final regulations that modify the rules for determining the basis of an income interest in a charitable remainder trust in order to curtail a perceived abuse of the general rules. To understand the perceived abuse, and the mechanics of these regulations, it is helpful to understand the context in which the issue arises. Continue reading “Regulations Modify Basis Rules for Term Interests in CRTs”
The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (the “Act”) was signed into law by President Obama on July 31, 2015. Under the Act, the due dates for certain federal income tax returns were changed.
For tax years beginning after December 31, 2015, the due date for federal income tax returns for Subchapter S corporations and partnerships (including limited liability companies treated as partnerships for income tax purposes) with calendar year ends will be March 15th following the close of the calendar year, and the 15th day of the third month following the close of the fiscal year, for fiscal year partnerships and S corporations. Continue reading “New Due Dates for Certain Entity Federal Income Tax Returns”
Most people do not think about the large digital footprint that they have created. More importantly, they do not think about how their digital assets might pass (or not) at death. Since these assets may have value, either financial or sentimental, planning for them may be more important than you think. Continue reading “What Happens to Your Digital Life After Death? Planning for the Transfer Of Digital Assets”
Robin Williams died on August 11, 2014, and it did not take long for litigation to be filed over his estate, or more specifically, his living trust. Mr. Williams last rewrote his trust in January 2012, not long after marrying his current wife. Mr. Williams had three children, none of which were from his current marriage. Published reports reveal a number of interesting issues, some of which are unique to “celebrity” estates, but most of which apply to all estate planning. Continue reading “Lessons Learned from the Robin Williams Litigation”
Many people have either received, or know someone who has received, a phone call or an e-mail from someone claiming to be the “IRS” threatening the recipient with all kind of horrifying consequences if he or she doesn’t immediately send money to the IRS to satisfy an outstanding tax debt purportedly owed or provide the requestor with certain personal information. The threats range from the seizure of bank accounts or property to the police showing up at the recipient’s door waving handcuffs. Continue reading “Don’t Get Scammed by the “IRS””
The seemingly staid world of retirement plan beneficiary designations was surprised by a recent federal appeals court decision suggesting that a new beneficiary could be designated by a telephone call.
Mr. Williams, an employee of Xerox Corporation, participated in two Xerox retirement plans and designated his wife as his beneficiary. When he got divorced, he decided he wanted his son to be his beneficiary instead of his ex-wife.
On two separate occasions, Mr. Williams called the Xerox benefits center and told them he wanted to designate his son as beneficiary instead of his ex-wife. Both times, the benefits center sent him new beneficiary designation forms to fill out. The forms were received by Mr. Williams but never signed. Continue reading “Reach Out And Designate Someone?”
Maligning the memory of the deceased has been viewed as a reprehensible act since antiquity. The Latin aphorism “de mortuis nihil nisi bonum” – roughly translated as “speak nothing but good of the dead” – has been traced back to as early as 300 A.D.
Nevertheless, under current California law, a deceased person’s reputation cannot be injured, and thus no legal cause of action exists for “defamation of the dead.” Dead men may tell no tales; Continue reading “Speaking Ill of the Dead”
On December 19th, President Obama signed H.R. 5771, known as the “Tax Increase Prevention Act of 2014.” Among other things, this legislation extends the favorable charitable IRA rollover rule to gifts made in 2014. Continue reading “President Approves One-Year Extension of Charitable IRA Rollover”
The combined estate and gift tax exemption was set at $5,000,000 in 2011, but indexed for inflation. For deaths in 2014 and for gifts made in 2014, the inflation-adjusted exemption was $5,340,000. The IRS has announced that for deaths or gifts in 2015, the exemption amount will increase to $5,430,000. Thus, in only four years, the amount a married couple can gift or bequeath without incurring estate or gift tax has increased from $10,000,000 to almost $10,900,000. Continue reading “ESTATE AND GIFT TAX EXEMPTION ANNOUNCED FOR 2015 GIFT TAX ANNUAL EXCLUSION REMAINS UNCHANGED”
The California State Legislature recently passed Assembly Bill 2077 (“AB 2077”). AB 2077, which was signed by Governor Brown, is designed to make it more difficult for charities that have not complied with their registration and reporting obligations to operate in California. Continue reading “California Enacts Bill to Combat Noncompliant Charities”
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