12 Strategies if You’re Above the Estate Tax Exemption
For families whose estates exceed the lifetime estate tax exemption, there are several strategies to consider for minimizing estate tax costs. These strategies often involve transferring wealth during your lifetime in a tax-efficient manner or arranging your estate in a way that reduces its taxable value upon your death.
In this post, we go over 12 key strategies if you’re above the estate tax exemption.
1. Lifetime Gifts
Utilize the annual gift tax exclusion to give money or assets to family members each year without incurring gift tax or reducing your lifetime exemption. This can gradually reduce the size of your estate.
2. Irrevocable Life Insurance Trust (ILIT)
An ILIT can own your life insurance policies, removing them from your estate. Upon your death, the policy's death benefit is not included in your estate and can be used to provide liquidity to pay estate taxes or support your heirs.
3. Grantor Retained Annuity Trust (GRAT)
A GRAT allows you to transfer asset appreciation to your beneficiaries without using or using minimal gift tax exemption. You contribute assets to the trust and receive an annual annuity for a set period, after which the remaining assets pass to your beneficiaries.
4. Charitable Remainder Trust (CRT)
This trust allows you to receive income for a term of years or for life, with the remainder going to a charity. It can provide income tax benefits and help reduce estate size.
5. Charitable Lead Trust (CLT)
A CLT provides a stream of income to a charity for a term of years, after which the remaining assets pass to your beneficiaries, potentially with reduced gift or estate taxes.
6. Family Limited Partnerships (FLPs) or Limited Liability Companies (LLCs)
These entities can hold family assets or businesses, allowing you to transfer shares to family members at a reduced value for gift tax purposes due to discounts for lack of control and marketability.
7. Dynasty Trusts
These long-term trusts can preserve wealth for multiple generations while avoiding estate taxes at each generational transfer.
8. Qualified Personal Residence Trust (QPRT)
A QPRT allows you to transfer a personal residence to a trust while retaining the right to live there for a term of years, potentially reducing the gift's value for tax purposes.
9. Intentionally Defective Grantor Trust (IDGT):
An IDGT is designed so that you pay the income taxes on trust earnings, reducing your estate while the trust assets grow tax-free for beneficiaries.
10. Gifting Appreciated Assets to Lower-Tax Bracket Family Members
This can help shift income and future appreciation out of your estate.
11. Using a Spousal Lifetime Access Trust (SLAT)
One spouse creates a trust for the benefit of the other spouse, transferring assets out of their estate while still providing financial support to their spouse.
DID YOU KNOW?
We partner with Valur to provide our clients assistance with GRATs and CRTs.
12. Freeze Techniques
“Freezing” the value of an asset (like a business) at its current value for estate tax purposes, allowing future appreciation to occur outside of the estate.
It's important to note that these strategies can be complex and often require the assistance of an estate planning attorney, tax advisor, or financial planner. Laws and regulations governing estate taxes can change, so it's crucial to stay informed and adapt your strategy accordingly.
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