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CEO Musings: How Urgent is 2025 Exemption Gifting?


By Michael W. Hoffman


As a result of the 2017 Tax Cuts and Job Act, an individual’s exemption from gift, estate and generation skipping transfer tax has now reached approximately $14M dollars. For our married clients, that reaches nearly $28M dollars. These totals represent the amount of property that can be gifted from your estate(s) before the confiscatory federal estate tax applies, which is currently at 40%.

 

The exemption increase under the 2017 Act is set to sunset at the end of this year, and the total exemptions would be halved to approximately $7M dollars per individual. Therefore, there is a sense of “use it or lose it” coming from tax, financial, and legal advisors. Those who can afford to take advantage of gifting strategies for any potential sunset should do it now rather than continuing to kick the can down the road. For the super wealthy, this is a no brainer. 

 

For ultra-high-net-worth clients with wealth between $20M to $50M, this may become more strategic and less straight forward. Some clients have embraced the strategy of using one spouse’s entire exemption, leaving the other spouse’s exemption available.  If the exemption amount is halved because future tax legislation does not intercede, at least the client’s family will have some remaining exemption moving forward.  Read more...


By Hoffman Estate Law

Did You Know That We Have Tax Experts Who Have Earned The Right To Represent You Before The IRS?

An enrolled agent is a person who is credentialed by the IRS and has earned the privilege of representing taxpayers before the Internal Revenue. Enrolled agent status is the highest credential the IRS awards.


In order to become an EA, they have to pass a rigorous examination process, a thorough ethical review and must maintain continuing tax law education. Due to their ability to work with the IRS and represent taxpayers, they are equipped with the knowledge and skills to help with tax issues and compliance.


EAs can provide tax advice for annual tax planning and preparation as well as handle any tax problems that may arise with the IRS, including IRS or state audit and/or appeals. This may include helping the taxpayer to negotiate potential tax settlements, establish payment arrangements and/or assist with a reduction of certain penalties the taxpayer may be eligible for with the IRS and/or state.


To learn more you can reach Tabitha Relota here. Tabitha is a Tax Accountant and Enrolled Agent.

By Hoffman Estate Law

Which assets of a deceased person require probate?


Probate is the legal process where a court validates a will, appoints an executor/personal representative, and oversees the administration and distribution of a deceased person's estate. 


Assets that require probating are those held in the deceased person’s name, only, at the time of their passing – i.e. assets that are not jointly-held or do not have a beneficiary designation (unless the beneficiary is the Estate of the decedent).


Life insurance policies (that are not payable to the Estate of the decedent), transfer-on-death accounts/payable-on-death accounts, jointly-held real property or bank accounts, for example, do not require probate.


If you have questions about Probate matters or the Probate process, please contact Partner Hunter Moreland or Juli Findling, our Senior Paralegal Probate specialist.   


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