Posts Tagged ‘order of business’

Multi-generational planning means more wealth for all.

Monday, March 30th, 2009

While browsing though my small mountain of files looking for ideas on what to write, I ran across a timely and interesting article in an old issue of Newsweek titled, “Darling, It’ll All Be Yours — Soon.” The article explains how “the inheritance boom is quietly reshaping how we think about death.” How true.

When I began my professional practice as a certified public accountant and lawyer back in the 1950s, a millionaire was hard to find. Today, millionaires are plentiful. And when it comes to estate planning, they scurry around trying to find a professional who can lower their estate tax before they get hit by the “final bus.” The Newsweek article by Robert J. Samuelson, like so many other articles, entertainingly explored the problem but offered no solutions.

Let’s set the scene for how you — whether mom and dad trying to give it away tax-free or one of the kids on the receiving end — can, in fact, solve the problem. Let’s start with the elders, mom and dad, who have the wealth.

Fact number one: You aren’t dead yet. Typical estate plans, such as separate wills and trusts for him and her, don’t speak until you are dead — too late to beat the tax collector. The solutions lie in lifetime planning. A lifetime plan keeps you in control of your wealth for as long as you live, yet transfers it—including your business—to your kids (and grandkids) while you are alive.

Fact number two: Years of experience have taught us that wealth is always passed to the younger generations of the family. And then the younger generations step into mom’s and dad’s shoes and typically increase the family wealth.

This gives the second generation an even bigger estate tax problem than mom and dad had.

Here’s how we solve this do-not-enrich-the-IRS estate-tax problem:

Logic tells you that children, particularly business children, are likely to become wealthy.

Usually these children accumulate more wealth than their mom and dad — to be repeated again when the family wealth goes to the grandchildren two generations later. Because of this generation-to-generation wealth transfer, we view each generation of the family separately in terms of their special needs and objectives.

Yet, the plan should not be just for mom and dad. It should be a comprehensive and integrated plan for the entire family. Following is an overview of how it’s done.

Keep your wealth — every dollar of it — in your family, instead of losing it to taxes.

• First Generation. Install a lifetime plan that removes wealth from your taxable estate during life. Use strategies like a qualified personal resident trust for your residence; an intentionally defective trust for your business; a subtrust for your profit-sharing plan, rollover IRAs and similar plans; a family limited partnership for your other assets (typically investments, like stocks, bonds and real estate); and an irrevocable life insurance trust for insurance, probably second-to-die. All of these strategies — and there are many others — begin their work now while you are alive and allow you to stay in control of your assets, including your business, for as long as you live.

Of course, we’ll dovetail your will and trust (death documents) with your lifetime plan. But when done right, your death documents just clean up what’s left. The first part of the family plan, including a business succession plan, and your wealth transfer plan are completed tax-free while you and your spouse are alive.

• Your Kids—Second Generation. After completing a comprehensive plan for mom and dad, it is easy to project what the financial future of the kids might look like. As soon as we finish the plan for the first generation, we start a plan for each of the kids, based on their individual assets and objectives.

• Your Grandchildren— Third Generation. The plans for this generation are closely tied to the plans of the two older generations. Probably the most important point to keep in mind, because of the young ages in this generation, is getting the children into a tax-free environment as soon as possible, a wealth-building must. These plans center on short-term and long-term tax-advantaged strategies that fulfill lifetime needs: education, buying a house, starting a business and, if they don’t go in to the family business, building a retirement fund.

Try two winning tax strategies with a life insurance product.

Thursday, March 26th, 2009

Want to make a grown man cry?

Tell him that all those beautiful dollars in his qualified plans — profit-sharing, 401(k), IRA and the like — are worth only 27 to 30 cents after taxes. Sorry, but it’s true.

The IRS hits you with two taxes: income tax (up to 40 percent or more, including state and federal) and estate tax (up to 55 percent using 2011 rates). Then, depending on where you live, your city, county or state gets a piece of the action.

Outrageous!

The first order of business is to get a fix on how much of your plan money is destined to wind up in some tax collector’s pocket. A call to your plan adviser is all it takes.

Just to get some numbers on the table, suppose you have $1 million in all your plans combined and the estimated tax burden is $730,000. Only $270,000 goes to you and your family. Ouch!

Can anything be done about it? Yes. But you must be proactive.

There are many strategies, but let’s take a look at the two most common: the junk-money strategy and the subtrust strategy.

Both are very complex and need an expert to cover all the details. Yet the wonderful benefits are easy to understand and attain. Think of it as enjoying the ride when you drive a car, but not knowing how to build one.

Both strategies use a common denominator: a life insurance product (usually second-to-die). The eventual proceeds of the life insurance, say $1 million, go to your family free of the income tax and estate tax. Simply put, you have turned $270,000 of after-tax value into $1 million tax-free.

There’s usually still plenty of money left in the plan. For example, as I write this, the cost of a second-to-die policy for a husband and wife, both age 65, is only in the $15,000-per-year range. You must get your own quote.

The junk-money strategy starts by using your plan dollars to buy an annuity — a tax-free transaction. A portion of the annuity is used to pay the life insurance premium.

The subtrust is created as part of your qualified plan (actually the current plan — usually a 401(k) plan or a profit-sharing plan — is amended or a new plan is created). Then your plan trustee transfers the necessary premium dollars to the trustee of your subtrust to pay the policy cost.

As far as I know, there is nothing better in the tax law than these two strategies to snatch a tax victory out of the snarling jaws of a sure defeat. If you have $350,000 or more in your qualified plans — rollover IRA, traditional IRA, 401(k), profit-sharing and the like — you owe it to yourself and your family to look into both strategies.

Estate Tax Blog

by Irv Blackman

First and foremost, Irv Blackman is both a CPA and a lawyer. Irv is a tax guy. Stay tuned to the site by signing up for the RSS feed.