When it comes to the wealth-robbing estate tax, almost every reader of this column who calls me asks this or a similar question: “Irv, can you help me avoid (or beat, kill, finesse, etc.) the estate tax?” Often, an obscenity or two regarding how the caller feels about the estate tax is tossed in for good measure.
If you are worth around $6 million or less, the answer is almost always yes. If you are worth more, the answer is usually no.
Let’s talk real numbers. Consider that taxpayer Joe is worth $10 million and his neighbor Jack is worth $20 million. Both men are married. Joe’s estate tax estimate, using 2011 rates, would be around $4 million.
Jack’s would top out at a tragic $9.5 million.
The higher your wealth, the lower your chance for avoiding the estate tax.
But there are ways to entirely avoid the impact of the estate tax.
If, for example, you are worth $8 million, there are ways to get the full $8 million (all taxes paid in full) to your family. Similarly, if you are worth $80 million, the entire $80 million can go to your family. It can always be done, whether you’re single or married, young or old, or even insurable or uninsurable.
Let’s play the game together.
Substitute your own numbers into the little example that follows.
Suppose you are worth $12 million and married. First, subtract $2 million ($1 million if you’re single), which leaves $10 million. Multiply $10 million by 50 percent to get your bitter estate tax bite. Finally, add 55 percent for your worth in excess of the $10 million.
Now, here’s the secret for legally avoiding the estate tax and creating tax-free wealth. There are two ways: charity and life insurance. If you do them right, both put you in a tax-free environment.
Here’s a real-life story of Joe.
He’s a 63-year-old business owner from Nebraska who winters in Florida and is married to Mary, 62. Joe and Mary are worth $23 million. Using our little example above, the estate tax monster would eat $11.05 million of their wealth.
We designed a comprehensive and coordinated succession plan and estate plan for Joe and Mary that included four significant strategies: an intentionally defective trust to transfer Joe’s business to his kids tax-free, a family limited partnership for their investment assets (a stock and bond portfolio and real estate), and the two different life insurance strategies, which are described below.
A side note before continuing: Every case is different. Different people have various businesses situations and factors. A big factor for Joe and Mary was their excellent health for their age. So insurance was front and center.
Now, to the third strategy: Joe had $600,000 in his company’s 401(k) and $1.5 million in various IRAs, which we transferred into the 401(k), a tax-free transfer. Then we created a subtrust for the 401(k) that purchased $6.5 million of second-to-die life insurance on Joe and Mary. Because of double taxation, first income tax and then estate tax, the $2.1 million in the 401(k) without the subtrust would net only about $600,000 for Joe’s heirs. Sorry, but the tax collector would get the rest, $1.5 million.
The subtrust allows the entire $6.5 million of life insurance to go to Joe and Mary’s heirs tax-free. In effect, we turned $600,000 into $6.5 million. Neat!
One more point: We showed Joe how to invest his $2.1 million in his 401(k) in TIPs, or transfer insurance policies, a form of senior settlements.
TIPs earn in excess of 16 percent on average per year, without risk. Joe’s investments were averaging only 7 percent per year with stocks, bonds and mutual funds
Ask your professional to check out subtrusts and TIPs.
The final strategy: Joe and Mary needed an additional $5 million of life insurance. At their ages — if you don’t use a subtrust — the premiums are steep. We used a strategy called premium financing, or PF, to buy $5 million of life insurance on Joe’s life. PF allows you to buy life insurance without paying your premiums in cash. Instead, premiums are paid though a trust you create that pay each premium by the trustee signing a nonrecourse note to the lending bank.
Interest is added to the loan.
All premium loans, plus accrued interest, will be paid out of the death benefits when Joe dies. The only costs paid by Joe are to the banks for initiating and maintaining the loan equaling about $60,000 paid the first year and an additional $180,000, which will be paid in small amounts each year to age 100.
It’s an economic home run that nets $5 million tax-free to Joe and Mary’s heirs for a small out-of-pocket cost of $240,000 or less, which is paid over a 30-year period.
No question about it, PF is the most inexpensive way to buy life insurance (whether you buy $5 million, $10 million or more). You must qualify to use PF, be creditworthy and be worth a minimum of $5 million.




