Estate Planning Flashcards
What is the estate tax formula
GROSS ESTATE
minus: expenses, debts, taxes, losses
ADJUSTED GROSS ESTATE
minus: marital deduction & charitable deduction
TAXABLE ESTATE
Who are marital deductions available for and how much?
unlimited to a donee spouse, can NOT be used for gifts to a non-citizen spouse (annual exclusion is 175k)
What tax form is the charitable deduction calculated on?
706: estate tax return
Charitable Lead Trusts
Grantor receives a charitable income tax deduction for the PV of the charity’s income interest.
Grantors tax treatment for a Charitable Remainder Trusts
The grantor receives a charitable income tax deduction for the PV of the charity’s remainder interest.
Charitable Gift Annuities
A donor transfers cash or property to a charity and the charity pays the donor or other donees an annuity payment each year for life
what is the gift tax charitable deduction for a charitable gift annuity?
the PV of the charity’s remainder interest
what is the gift tax on a charitable annuity payments to others?
the PV of the annuity payments
what is the gift tax on charitable gift annuity payments to a spouse?
a marital deduction is available if the spouse receives all annuity payments and has general POA over payments after the donor’s death.
Pooled Income Funds.
A donor gifts property to a charity and receives an annual pro-rata share of income from the charity’s commingled funds, for life.
why would a donor make additional funds to a pooled income fund?
to increase the donor’s income stream
who manages the pooled income fund?
The charity manages the fund
What can the charity not invest in in a pooled income fund?
which cannot invest in tax-exempt securities and receives
what does the charity receive in a pooled income fund?
the remainder when the donor’s income interest ends.
what is the donors income tax deduction in a pooled income fund?
Donor takes an income tax deduction for the PV of the charity’s remainder interest
what does the donor pay taxes for in a pooled income fund?
The donor pays income taxes on the income received from the fund
Private Foundation
A separate legal entity, either a not-for-profit corporation or a tax-exempt trust.
who controls and funds a private foundation?
family members?
what are the tax deductions for family members who make gifts to the foundation?
Family members may take an income tax deduction limited to 30% for cash and to 20% for LTCG property.
How much must a private foundation at minimum every year?
5% of the assets to public charities every year
Who maintains Donor-Advised Funds
Maintained by charities, community foundations, or mutual fund companies.
What can donors contribute into a DAF?
Donors may contribute cash, stock, or other property to their individual fund accounts and select the charities they want to receive their grants.
What are the tax deductions for donors of a DAF?
Donors are entitled to a charitable income tax deduction based on the type of property contributed, subject to AGI limitations.
Charitable Lead Trust (CLT)
pays an income stream to a qualified charity for a period of years, usually not exceeding 20. At the expiration of the lead period, the remainder interest passes to one or more noncharitable beneficiaries.