Reduce Estate Tax with Private Annuity Sale

January 5, 2026

You can reduce your estate tax exposure with a private annuity sale. A private annuity sale allows someone to transfer an asset, such as a business, real estate, or highly appreciating property to another person. This comes in exchange for a series of fixed payments for the rest of their life.

Unlike a gift, the transaction is structured as a contract. This provides the seller with a predictable income stream while the asset and its future growth pass out of their taxable estate. For many families seeking long-term planning and tax efficiency, this strategy can be a smart way to preserve wealth without triggering gift tax or estate inclusion.

What Is a Private Annuity Sale?

A private annuity sale is a legal contract: you sell an asset now, and in return, the buyer agrees to make regular payments to you for as long as you live. Because the sale is structured as a transfer in exchange for annuity payments, the full value of the asset is generally removed from your estate. This can significantly shrink your future estate tax exposure, especially for assets expected to appreciate.

The buyer (for example, a child or other family member) takes ownership of the asset immediately and receives all future gains. Because the payments are part of a sale, not a gift, many of the concerns associated with large lifetime gifts, such as the gift tax, don’t apply in the same way. There are many advantages to a private annuity sale, such as guaranteed income and tax efficiency.

Estate Tax Efficiency

By removing the asset from your estate, the private annuity sale helps reduce the portion subject to estate tax. For sizable or rapidly appreciating assets, this can result in substantial savings over time.

Guaranteed Income for Life

You receive a stable income stream backed by an annuity, providing financial security regardless of market fluctuations. This income can supplement retirement, cover living expenses, or serve as a legacy support mechanism.

Transferring Wealth Without Gifting Risk

Since the transaction is considered a sale, you avoid making a “gift” that could deplete your lifetime gifting capacity. It also allows you to time tax planning more precisely according to your needs.

Important Risks and Considerations

While powerful, this strategy is not without pitfalls. Here are key risks to consider:

Longevity Risk: Payments are based on life expectancy tables. If you live significantly longer than expected, the buyer may pay more than the asset’s current value.
Buyer’s Payment Capacity: The buyer must have a reliable cash flow to make the payments. Financial instability on their part could lead to default.
Capital Gains: When you transfer the asset, you may trigger capital gains taxes, depending on its type and gain.
Interest-Rate Assumptions: The “fair” annuity payment depends heavily on assumed interest rates; overestimating yields can lead to underfunded payments.

Because of these complexities, careful modeling by a qualified attorney and financial advisor is essential. You will likely need actuarial tables, asset valuations and systems to structure your payments in a tax-efficient manner.

When a Private Annuity Sale Makes Sense

This strategy is especially useful when:

You hold a business, real estate, or another high value, appreciating, or illiquid asset.
You want to shift long-term growth to younger generations without burdening them with too-high purchase prices or liquidity demands.
You want to retain a steady income stream during your lifetime.
Your estate is likely to face tax exposure under current or future exemption limits.

If these apply, a private annuity sale may be worth discussing with your advisors now—before the tax landscape or your personal situation changes.

How to Proceed Safely

Engage both an estate planning attorney and a financial advisor to run detailed projections.
Value the asset being sold accurately and prepare a fair payment schedule.
Make sure that the buyer understands and agrees to the long-term commitment.
Include protections for both parties, such as collateral or contingency clauses.

Consult with an estate planning attorney to see if a private annuity sale can help reduce your estate tax exposure. With the right setup, a private annuity sale can be a thoughtfully designed element of your legacy plan. If you would like to learn more about annuities and estate planning, please visit our previous posts.

Reference: Kiplinger (November 2025) “Private-Annuity Sale: A Smart Way to Reduce Estate Taxes”

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Estate Planning allows you to Protect Immature Heirs

December 22, 2025

Many parents and grandparents worry about what will happen when younger or financially inexperienced beneficiaries inherit. While most heirs have good intentions, sudden access to substantial assets can lead to mismanagement, conflict, or lost opportunities. Estate planning allows you to protect immature heirs from an inheritance, while guiding them on how and when it is used. By combining protective legal structures with clear instructions, you can ensure that your legacy benefits your heirs without burdening them.

Why Some Heirs aren’t Ready for Inheritance

Financial immaturity can take many forms; including lack of budgeting skills, emotional spending, or vulnerability to outside influence.

In other cases, an heir may be too young or face life challenges that make direct inheritance risky. Planning ahead allows you to manage these concerns with compassion and foresight.

Common Risks of Unrestricted Inheritance

When assets pass directly through a will without controls in place, heirs may face:

Rapid depletion of funds through impulsive spending
Exposure to creditors or divorce settlements
Emotional conflict among siblings or family members
Loss of eligibility for government benefits in cases involving special needs

These risks can often be avoided through carefully structured trusts and trustee oversight.

Using Trusts to Encourage Responsibility

A spendthrift trust is a common way to protect immature heirs. It restricts direct access to the principal, allowing a trustee to release funds for specific needs such as education, housing, or healthcare. This structure keeps assets safe from poor decisions or external pressures, while still supporting the heir’s well-being.

Other variations, such as incentive trusts, can motivate positive behaviors by tying distributions to milestones— such as completing higher education, maintaining employment, or reaching certain ages. These tools blend financial protection with personal growth.

The Role of Trustees

Choosing the right trustee is critical. A trusted family member, corporate fiduciary, or advisor can manage funds objectively while carrying out your wishes. This helps preserve family harmony and ensures consistent oversight long after you’re gone.

Preserving Family Wealth and Values

Estate planning allows you to protect immature heirs while also setting them up for success. By incorporating financial education, mentorship and structured distributions, you can transfer both assets and wisdom. Estate planning allows you to communicate values, encourage responsibility and preserve your family’s long-term stability.

Working with an estate planning attorney ensures that trust language is precise, tax-efficient and aligned with your goals. With the guidance of our estate planning lawyers, you can design a plan that reflects both love and prudence. If you would like to learn more about estate planning for minor heirs, please visit our previous posts.

Reference: Kiplinger (Oct. 2025) “The Spendthrift Trap: Here’s One Way to Protect Your Legacy From an Irresponsible Heir”

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A Cross-Border Strategy is Needed for Estate Planning with Assets Overseas

November 11, 2025

Ultra-high-net-worth families often live, invest and give across borders. A plan that works in one country can misfire in another. Different rules on domicile, tax residency, marital property and forced heirship can alter who inherits and how much tax is due. Institutions may also block access to accounts until local requirements are met. A cross-border strategy is needed for estate planning with assets overseas. It brings these moving parts into one coherent framework, so heirs receive what you intend with fewer delays and fewer surprises.

Where Plans Break Across Borders

Countries define domicile and tax residency in different ways. One country may view you as a resident based on days present, another based on ties such as a home or family. Several civil law jurisdictions enforce forced heirship, which reserves a portion of an estate for children or a spouse regardless of what your will says.

Community property and separate property systems divide marital wealth differently. Without alignment, the same asset can face competing claims or double taxation. Bank secrecy and data rules can also slow access, especially when fiduciaries lack translated and apostilled documents.

Building A Multi-Jurisdiction Framework

Begin by documenting where you are treated as tax resident and where you are domiciled. Keep residency certificates, visa records and professional analyses that explain treaty positions.

Next, identify succession rules that could override your choices. Some jurisdictions allow you to elect the law of your nationality or habitual residence to govern your estate. Make that election clearly in your will or trust if it is available and ensure that each country where you hold assets will honor it.

Align legal structures with asset locations. Company shares, private funds and real estate often benefit from situs-appropriate holding entities or trusts that are recognized locally.

Confirm whether the jurisdictions you care about recognize common law trusts, civil law foundations, or both. Where recognition is limited, consider alternatives such as shareholder agreements, life insurance wrappers, or local testamentary tools.

Coordinating Fiduciaries and Access

Execution details matter. Appoint executors and trustees who can act in each country or name local co-fiduciaries where required. Prepare notarized and apostilled copies of core documents and translations into the languages your institutions require.

Maintain a secure inventory of accounts, safekeeping locations and key relationships, along with device passcodes and instructions for two factor authentication. These access steps are as necessary as the legal documents, since many institutions will not release information without them.

Philanthropy, Art, And Liquidity

Cross-border philanthropy can trigger registration, reporting, or withholding. Decide whether to use a single foundation, parallel entities, or donor-advised funds in more than one country, for art, yachts, aircraft and collectibles, track situs, export and cultural property restrictions and insurance conditions.

Plan liquidity for taxes that may be due before private business interests or real estate can be sold. Consider credit facilities, life insurance, or staged distributions to avoid forced sales at a discount.

Using Multiple Wills Safely

Many families benefit from separate wills for different countries. Each will should cover only assets in its jurisdiction and should state that it is limited in scope so it does not revoke the other will. Coordinate signing formalities, witnesses and governing law choices. Keep originals and certified copies in a location where fiduciaries can easily access them.

How An Estate Planning Law Firm Can Help

An estate planning law firm with cross-border experience can map domiciles and residencies, make governing law choices where permitted and tailor trusts or entities that local courts and registries recognize. A cross-border strategy is needed for estate planning with assets overseas. If your life spans more than one country, schedule a consultation so a lawyer can align documents, structures and access protocols before a crisis forces hurried decisions. If you would like to learn more about estate planning for assets overseas, please visit our previous posts.

Reference: Forbes (September 24, 2025) “Cross-Border Estate Planning Guide, Essential Strategies For Ultra High-Net-Worth Families”

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How the 2025 Tax Law Impacts Your Estate Plan

September 10, 2025

The recently signed One Big Beautiful Bill Act of 2025 covers a vast amount of ground. It may take some time before every aspect has been thoroughly examined. For now, a recent article appearing in Forbes, “10 Reasons To Reevaluate Your Estate Plan Following The 2025 Tax Law,” offers a good overview of how the 2025 tax law impacts your estate plan and taxes.

Estate and Gift Tax Exemptions: The federal estate, gift, and generation-skipping transfer tax exemption is now set at $15 million per individual and $30 million for married couples. This extremely high exemption is particularly beneficial to high-net-worth families.

How Permanent Is the Exemption? While this may seem unlikely now, remember that estate planning is a long-term strategy. If political power shifts, the exemption could be undone. Proactive planning remains essential to safeguard legacies.

Trust Income Taxation: The 2025 law permanently modifies trust income tax brackets and rules. This may be a good time to evaluate trust structures to minimize taxes and make sure that your heirs don’t give more to the government than necessary.

State-Level Estate and Inheritance Taxes: Certain states tie their own estate taxes to federal tax rates, while others have separate systems. Review your state’s estate and/or inheritance taxes.

Long-Term Care Costs and Medicaid Adjustments: Those who rely on public benefits for healthcare or whose loved ones depend on Medicaid and other government programs need to prepare for upcoming cuts. Private LTC insurance and Medicaid planning are more important now than ever for middle-class Americans who want to protect the money they have earned over a lifetime.

Long-Term Care Insurance Deductions: Qualified long-term care insurance premiums remain deductible, and the deduction may increase because of the new law. Verify if your policies meet the requirements.

Retirement Accounts and Income Tax Strategies: Permanent changes were made to individual income tax provisions impacting IRAs, Roth conversions and income shifting strategies. You’ll want to ensure that your retirement accounts align with your estate plan to minimize taxes.

Business Succession and Asset Management. Changes have been made to valuation rules and succession planning, so any buy-sell agreements, liquidity planning and leadership transition plans should be reviewed by an experienced estate planning attorney.

Family Legacy and Estate Goals: Whenever there is a significant change to tax laws, estate plans should be reviewed to ensure they take advantage of any new opportunities. Consult with your estate planning attorney to determine how the new laws will impact your estate plan, including charitable giving plans, and to identify any necessary changes.

Speak with your estate planning attorney to see how the 2025 tax law will impact your estate plan. Whether it is a minor change, or a significant one, being aware of changes in tax law is critical. If you would like to learn more about how tax laws impact your estate planning, please visit our previous posts.

Reference: Forbes (July 7, 2025) “10 Reasons To Reevaluate Your Estate Plan Following The 2025 Tax Law”

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Inheriting Foreign Assets is Complex

July 1, 2024

An inheritance is almost always a mixture of happiness and sadness. You’re grieving the loss of a loved one at the same time you’ve received a financial bequest. Inheriting foreign assets from someone who lives outside of the country or from a non-U.S. citizen makes matters complex, says this recent article, “U.S. Tax: 4 Tips For Americans Receiving A Foreign Inheritance,” from Forbes.

There are certain IRS reporting requirements to be aware of, in addition to knowing what taxes you’ll be responsible for. Here are four top issues.

If the deceased person was a former American citizen and met specific requirements as a “covered expatriate” or “CE,” anyone receiving an inheritance must pay the IRS 40% of the inheritance. An estate planning attorney with experience in CE inheritances can help avoid or minimize this admittedly high level of taxes.

Even if the inheritance is not taxable, it must be reported to the IRS by the American recipient. If it is found to have been unreported, a 25% penalty will be levied. Your estate planning attorney will know how to report the inheritance using IRS Form 3520.

Depending on the type of asset inherited, there may be other reporting obligations. The Foreign Account Tax Compliance Act (FATCA) requires IRS Form 8938 to be filed if the total value of foreign financial assets is more than a specific threshold. The annual thresholds are lower for citizens who live in the U.S. than for Americans living abroad.

The U.S. tax basis must be accurately valued and documented when inheriting a foreign asset. The basis of a foreign asset from a CE will be “stepped up” to its fair market value as of the decedent’s death date. However, there are many nuances to this, and in some situations, there is no step-up.

Inheriting foreign assets is complex and requires the guidance of an experienced estate planning attorney to avoid significant taxes and penalties. If you know you’ll be inheriting assets from a CE, speak with an estate planning attorney to figure out what to do before and after the inheritance. If you would like to learn more about inheriting assets, please visit our previous posts.

Reference: Forbes (June 3, 2024) “U.S. Tax: 4 Tips For Americans Receiving A Foreign Inheritance”

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Estate Tax Exemptions available for Married Couples

August 1, 2023

Estate tax avoidance and mitigation are central considerations for financial security for surviving spouses. Estate tax exemptions are available for married couples to help ensure a surviving spouse is cared for. According to a recent article from The National Law Review, “Basic Estate Tax Planning for Married Couples: Opportunities For Use Of Estate Tax Exemptions,” the first spouse may leave property of unlimited value to the surviving spouse without incurring any estate tax upon the death of the first spouse. This unlimited marital deduction shields assets from estate taxes and helps support the surviving spouse. Assets can be distributed directly to the surviving spouse or through an indirect transfer to a qualifying trust for the surviving spouse’s benefit.

Most couples use trusts for asset protection, most commonly for the preservation of assets for children from a prior marriage and asset management help for the surviving spouse. The marital deduction is a valuable estate tax avoidance tool for married couples.

However, estate tax law is not generous for non-spouse beneficiaries. Legislation passed in 2013 allowed individuals to leave assets totaling $5 million in value (indexed to inflation since 2011) to non-spouse, non-charitable beneficiaries and then doubled this amount following the Tax Cuts and Jobs Act to $10 million. However, if additional legislation is not passed before the sunset date of January 1, 2026, this amount will be cut in half.

In 2013, Congress made the portability of a spouse’s estate tax exemption permanent. This allows the surviving spouse to capture and use the first decedent spouse’s remaining estate tax exemption and the surviving spouse’s own exemption. To capture this estate tax exemption, an estate tax return must be filed in a timely manner after the death of the first spouse.

If spouses have a total estate exceeding available exemptions, they may use what is known as the “Credit Shelter Trust Planning” or “Optimal Marital Deduction Planning.” A trust is established, funded with assets of the first spouse to die, to use the spouse’s estate tax exemption. Assets in the trust are available to the surviving spouse for life but are not included in the survivor’s taxable estate upon their death. The goal benefits the surviving spouse and reduces any estate tax to maximize benefits for the children and grandchildren.

Another frequently used tool is the “disclaimer” plan, which allows the survivor to move certain assets into a trust for the survivor’s benefit rather than receiving assets directly. For married couples with estates valued at less than their available estate tax exemptions, a disclaimer plan provides the “all to spouse” plan and the option to implement a tax-advantaged trust. All assets are left to the survivor; then, based on the value of the first spouse’s estate, the surviving spouse may choose to disclaim the first spouse’s assets and divert them to a tax-advantaged trust.

Married couples should take advantage of the estate tax exemptions available to them to help protect a surviving spouse financially. It must be noted that there is no “one-size-fits-all” plan for married couples who wish to care for their surviving spouse, children, and grandchildren. It’s important to understand the basic estate tax avoidance or mitigation tools to create an estate plan to consider the couple’s planning goals and values. An experienced estate planning attorney can create a comprehensive estate plan to suit each family’s needs. If you would like to learn more about the estate tax, please visit our previous posts.

Reference: The National Law Review (June 24, 2023) “Basic Estate Tax Planning for Married Couples: Opportunities For Use Of Estate Tax Exemptions”

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The IRS has issued a Ruling that will impact Grantor Trusts

July 18, 2023

The IRS has issued a ruling that will impact grantor trusts. Completed gifts to grantor trusts will not receive a Section 1014 step-up in basis upon the grantor’s death. According to the IRS, Revenue Ruling 2023-2 concludes this is the appropriate result because such property is not acquired from a decedent for purposes of Section 1014(a) of the IRC of 1986 as amended in Section 1014(b) of the Code, as reported by Reuters in the article “IRS confirms that completed gifts to grantor trusts are not eligible for Section 1014 step-up.”

Upon their death, assets received from a decedent are afforded a basis step-up under Code Section 1014. These are assets usually included in the taxable estate for estate tax purposes. However, before the Ruling, many practitioners wondered whether the assets of an irrevocable grantor trust would be eligible for the same benefit.

The irrevocable “grantor trust” is an anomaly under the Code. A “grantor trust” is not recognized as a separate taxpayer for income tax purposes during the lifetime of the creator (usually referred to as the “grantor” or the “settlor”). All income earned during the grantor’s lifetime is reported on the grantor’s individual income tax returns. However, if the grantor trust is irrevocable and if transfers to the trusts are deemed to be completed gifts, then when the grantor dies, the assets of the grantor trust are not included in the taxable estate of the grantor for estate tax purposes. Thus, the grantor trust is deemed to be owned by the grantor for income tax but not estate tax. This led to uncertainty over the eligibility of the grantor trust assets for the Code Section 1014 basis step-up on the grantor’s death.

“Intentionally defective” grantor trusts are widely used, where the grantor is treated as the owner of the grantor trust for income tax purposes and is responsible for paying the income taxes incurred by the trust. The payment by the grantor of the grantor trust’s income taxes effectively lets the grantor make additional tax-free gifts to the grantor trust and increases the grantor trust’s rate of return.

However, since the grantor trust is not a separate taxpayer for income tax purposes, there’s no recognition of gain on the sale or interest income on the note. The interest rate on the note can be the lowest rate which will not cause adverse tax consequences. If the interest sold to the grantor trust grows faster than the applicable interest rate, the excess growth passes, transfer-tax-free, to the grantor trust.

The “Sale Technique” has been used many times since the IRS released Revenue Ruling 83-15, supporting the position that a property sale from a grantor to a grantor trust is not a taxable event. If no gain is recognized on such a sale, the grantor trust takes a carryover basis in the grantor’s property.

With the release of Revenue Ruling 2023-2, how should estate planning attorneys advise their clients? There are a few strategies to consider:

Power to Exchange Assets. Many grantor trusts allow the grantor to substitute trust property for other assets of equivalent value. If a grantor trust has an asset with a low basis, during the grantor’s lifetime, they could exercise the Substitution Power to exchange the low-basis asset for property with a higher basis but of equal value. The low basis asset now becomes part of the grantor’s estate and, as long as the grantor retains it until their death, will be eligible for the Code Section 1014 basis step-up.

Second Sale to Trust. If the trust agreement establishing the grantor trust doesn’t grant Substitution Power, the grantor could purchase low-basis assets from the trust for high-basis assets. The grantor may engage in a series of sales to ensure appreciated stock continues to cycle back to the grantor, so the estate may take advantage of the Code Section 1014 basis step-up.

Granting a General Power of Appointment. In certain situations, it may be possible to grant a testamentary general power of appointment over a grantor trust to a parent or other elderly relative, the “Powerholder.” The grant of a general power of appointment results in the assets subject to such power being includable in the estate of the Powerholder for estate tax purposes. The trust assets in the Powerholder’s estate will then be eligible for the Code Section 1014 basis step-up upon the death of the Powerholder.

The grant of the general power of appointment should not exceed the Powerholder’s available estate tax exemption and only apply to assets with built-in gain. This strategy will require consideration of the Powerholder’s creditors and any possible risks to the grantor trust.

The IRS has issued a ruling that will impact grantor trusts. These are complex strategies requiring the help of an experienced estate planning attorney. If you would like to learn more about irrevocable grantor trusts, please visit our previous posts.

Reference: Reuters (June 21, 2023) “IRS confirms that completed gifts to grantor trusts are not eligible for Section 1014 step-up”

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Tax Scams Involving Charitable Remainder Annuity Trusts

May 22, 2023

If you are a wealthy family looking into estate planning, beware of tax scams involving Charitable Remainder Annuity Trusts. The IRS has issued a warning about promoters aiming specifically at wealthy taxpayers, advises a recent article, “IRS Warns Of Tax Scams That Target Wealthy,” from Financial Advisor. Charitable Remainder Annuity Trusts (CRATs) are irrevocable trusts that allow individuals to donate assets to charity and draw annual income for life or for a fixed period. A CRAT pays a dollar amount each year, and the IRS examines these trusts to ensure they correctly report trust income and distributions to beneficiaries. Of course, tax documents must also be filed properly.

Some sophisticated scammers boast of the benefits of using CRATs to eliminate ordinary income or capital gain on the sale of the property. However, property with a fair market value over its basis is transferred to the CRAT, the IRS explains, and taxpayers may wrongly claim the transfer of the property to the CRAT, resulting in an increase in basis to fair market value, as if the property had been sold to the trust.

The CRAT then sells the property but needs to recognize the gain due to the claimed step-up in basis. The CRAT then purchases a single premium immediate annuity with the proceeds from the property sale. This is a misapplication of tax rules. The taxpayer or beneficiary may not treat the remaining portion as an excluding portion representing a return of investment for which no tax is due.

In another scam, abusive monetized installment sales, thieves find taxpayers seeking to defer the recognition of gain at the sale of appreciated property. They facilitate a purported monetized installment sale for the taxpayer for a fee. These sales occur when an intermediary purchase appreciated property from a seller in exchange for an installment note, which typically provides interest payments only, with the principal paid at the end of the term.

The seller gets the larger share of the proceeds but improperly delays recognition of gain on the appreciated property until the final payment on the installment note, often years later.

Anyone who pressures an investor to invest quickly, guarantees high returns or tax-free income, or says they can eliminate taxes using installment sales, trusts, or other means, should be dismissed immediately. Beware of tax scams involving Charitable Remainder Annuity Trusts. Your estate planning attorney is well-versed in how CRATs, LLCs, S Corps, trusts, or charitable donations are used and will steer you and your assets into legal, proper investment strategies. If you would like to learn more about charitable giving, please visit our previous posts.

Reference: Financial Advisor (April 24, 203) “IRS Warns Of Tax Scams That Target Wealthy”

Avoid naming Estate as an IRA Beneficiary

September 6, 2022

It is critical to avoid naming your estate as an IRA beneficiary. Usually when an estate planning attorney comes across an estate named as a beneficiary, all they can do is shake their heads. It’s already too late to make any changes and, in most cases, the results are bad, reports a recent article from Kiplinger that warns “Don’t Name Your Estate as Your IRA Beneficiary.”

This usually occurs because the person was in a hurry or didn’t know better. It is sometimes because they don’t know who should become the beneficiary and are advised to just write down their estate to move the application process along. The problem comes after years go by, the account owner dies and the beneficiary designation is revealed.

The SECURE Act eliminated what was once known as the “Stretch IRA,” where beneficiaries could take withdrawals based on an IRS table of life expectancy. The SECURE Act changed how IRA distributions are made and with a few exceptions, beneficiaries have ten years to empty the account.

The people who are not subject to the ten-year rule include: surviving spouses, disabled individuals, chronically ill individuals and individuals within ten years of age of the original owner.

One additional exception: minor children, until they reach the age of majority, at which point they too must empty the IRA in ten years’ time.

Estates may not use the ten-year rule. They must distribute the funds in an even shorter time period: five years. There are a number of reasons to avoid this:

The shorter the time period for withdrawals, the higher the potential for higher taxes.
Higher income levels can lead to higher Medicare charges.
Higher income levels can also lead to more taxes on Social Security income.
Assets left directly to a named beneficiary have some protection against creditors.
Assets in your estate have no protection at all against creditors.
Higher administration costs for probate fees, legal fees, etc.
Increased potential for a disgruntled heir to challenge your will.

The problem is solvable, if you act while you are living. Start by reviewing your accounts and identifying beneficiary designations. If you can’t find the beneficiary form, contact the institution, get a new one, complete it and submit it.

Avoid the serious mistake of naming your estate as an IRA beneficiary. Reviewing beneficiaries is something to be done every three to five years, every time you review your estate plan. Don’t leave this to the last minute—take care of it now. If you would like to learn more about naming beneficiaries to retirement accounts, please visit our previous posts.

Reference: Kiplinger (July 27, 2022) “Don’t Name Your Estate as Your IRA Beneficiary”

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IRS Extending Time to File Portability Exemption

August 9, 2022

When a spouse dies, the surviving spouse has the option of taking the unused federal estate tax exclusion and applying it to their own estate. This is known as electing portability for the DSUE, Deceased Spousal Unused Exemption, according to a recent article “Estates can now request late portability election relief for 5 years” from the Journal of Accountancy. The IRS is extending the time it takes to file a portability exemption.

The portability exemption has grown in use, and the scheduled decrease in the estate tax exemption starting on January 1, 2026, will no doubt dramatically expand the number of people who will be even more eager to adopt this process.

The IRS has extended the amount of time a surviving spouse may elect to take the Deceased Spousal Unused Exclusion (DSUE) from two to five years. The expanded timeframe is a reflection of the number of requests for letter rulings from estates missing the deadline for what had been a two-year relief period. The overly burdened and underfunded agency needed to find a solution to an avalanche of estates seeking this relief. Most of the requests were from estates missing the deadline between two years and under five years from the decedent’s date of death.

To reduce the number of letter ruling requests, the IRS has updated the requirement by extending the period within which the estate of a decedent may make the portability election under the simplified method to on or before the fifth anniversary of the decedent’s death.

There are some requirements to use the simplified method. The decedent must have been a citizen or U.S. resident at the date of death and the executor must not have been otherwise required to file an estate tax return based on the value of the gross estate and any adjusted taxable gifts. The executor must also not have timely filed the estate’s tax return within nine months after the date of death or date of extended file deadline.

If it is determined later that the estate was in fact required to file an estate tax return, the grant of relief will be voided.

Note that this change doesn’t extend the period during which the surviving spouse can claim a credit or a refund of any overpaid gift or estate taxes on the surviving spouse’s own gift or estate return.

The decision by the IRS extending the time to file a portability exemption will become even more popular after December 31, 2025, when the federal exemption changes from $12.6 million per person to $5 million (adjusted for inflation). Given the rise in housing prices, even people with modest estates may find themselves coming close or exceeding the federal estate tax level. If you would like to learn more about the portability exemption, please visit our previous posts.

Reference: Journal of Accountancy (July 11, 2022) “Estates can now request late portability election relief for 5 years”

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Category: IRS