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Estate Xfer During Life Flashcards

1
Q

What are the three parties to a trust?

A

-Grantor, creator, settler
-Trustee
-Beneficiary

Does not have to be 3 different people

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2
Q

What are the four common elements of a trust?

A

-Legally and mentally competent grantor who intend to establish the trust
-Legally and mentally competent trustee
-One of more beneficiaries who hold interest
-Property owned by the trust (real estate, cash, other tangible property)

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3
Q

What is the rule against perpetuities?

A

Prevents a grantor from establishing a trust for an unreasonably long time (21yrs from the death of the youngest beneficiary)

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4
Q

How are trusts usually categorized?

A

By powers retained by the grantor
The date at which the trust becomes operative
The income taxation (income payout) of the trust

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5
Q

Property transferred to this trust will avoid probate if it is retitled in the name of the trust, but the assets are still included in the gross estate

A

Revocable trust

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6
Q

Property transferred to this trust will avoid probate and will not be included in the gross estate

A

Irrevocable trust

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7
Q

This type of trust is made effective during the grantor’s lifetime. Even with an irrevocable trust, this trust will be subject to gift tax because the transfers constitute a complete gift.

A

Inter vivos trust - during life

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8
Q

This type of trust is made effective by the decedent’s will. The gift tax does not apply, but the estate tax does

A

Testamentary trust

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9
Q

Any trust that isn’t simple
Any irrevocable trust
Any trust that distributes in excess of its income
A trust that can make charitable contributions

A

Complex trust

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10
Q

These two provisions grants the trustee the power to distribute income

A

Sprinkling - income spread over time to one
Spray - income spread over time to many

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11
Q

This provision prevents trust income from being assigned to creditors while also preventing a beneficiary from overspending

A

A spendthrift clause

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12
Q

This provision enables the trustee to distribute only enough income to support or educate the beneficiary

A

Support provision

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13
Q

What are four considerations that may influence a decision to conduct an inter vivid transfer to someone other than a charity?

A

Competency of the individual
Estate tax of the individual
Marginal income tax bracket of the individual
Degree of relationship to the donor

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14
Q

What are the effects of control retention in a trust?

A

Income shifting lost (gift not complete)
Included in estate
Loss of marital deduction
Loss of charitable deduction

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15
Q

What are the types of lifetime gifts?

A

Outright gift
Net gift: give, but DE responsible for gift tax
Reverse gift: give to someone who dies, to get back stepped up
Educational account: 529,
Gift leaseback: gift real estate and then deduct lease payments
Custodial gifts: UGMA, UTMA <- real estate
Gifts in trust: 2503(b) Badboy - distributes annually; 2503(c)=college

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16
Q

In an outright gift, what is sole ownership and what are the consequences?

A

The full transfer of a property.
-DR loses control, but gift is not in estate
-DR may have to pay gift tax
-DE inherits DR basis, not stepped-up

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17
Q

In an outright gift, what are intrafamily loans and what are the consequences?

A

In the case that the loan interest is less than the applicable federal rate (AFR), the lender will have been deemed to have made a gift and will have to pay the difference in interest rates each year the loan is outstanding.
Annual exclusion is available for demand loans, but not for a term loan (gift is only paid once in the first year)

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18
Q

In an outright gift, what is a gift-leaseback and what are the consequences?

A

This is a gift of business property to which the closely held business leases it back from the DE at a reasonable rate.
-Removes the asset from the DR estate
-DR subject to gift tax
-Business may receive a deduction for lease payments
-DE reports lease payments as ordinary income

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19
Q

In an outright gift, what is a reverse gift and what are the consequences?

A

A gift is made to a DE that is expected to predecease the DR in order to get appreciated value through a stepped up basis. Transfer must have been complete for a year before death to work.

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20
Q

In an outright gift, what is a net gift and what are the consequences?

A

The DR makes a conditioned gift to the DE - usually in the form that the DE pays the gift tax. The DE obligation reduces the value of the gift.

Tentative tax / 1 + DR’s tax rate

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21
Q

In an outright gift, what are outright charitable gifts and what are the consequences?

A

A DR can make a deduction of all or partial interest of a qualified charitable donation. If partial, the PV of the remainder interest is what can be deducted

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22
Q

What are custodial gifts?

A

Otherwise known as UTMAs and UGMAs. Diminished by 529s. Titled in the custodians name, but ultimately the property of the minor who also pays taxes. Distributed to the minor at the age of majority. Only difference:
UTMA can be funded with real estate - UGMA cannot

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23
Q

When does a revocable trust become irrevocable?

A

At the grantors death, according to provisions in the trust docs, or when made irrevocable by the grantor.

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24
Q

What is the difference between a funded and unfunded inter vivid trust?

A

Funded - assets have been contributed
Unfunded - only the minimum amount of assets are present to legally establish the trust

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25
T/F. The assets in any funded inter vivid or unfunded life insurance trust will not go through probate
False. Funded inter vivid and funded & unfunded life insurance trusts do not go through probate
26
-Enables the DR gift tax exclusion by providing present interest to the DE -Primarily used for college -Taxed to the trust if accumulated -Taxed to the DE if distributed -At 21, the DE is given the right to remove all property from the trust. If they chose not to, it becomes a grantor trust to the DE
2301(c) trust
27
-Used in situations when a DR has impoverished or incapacitated parents or when children or fully dependent on parents for financial support -Must be irrevocable -Includes spendthrift provision -Annual exclusion not available unless Crummey powers are included
A support trust
28
-One beneficiary -Use of trustee to distribute trust assets in a way that does not endanger social security or medicaid.
Supplemental needs trust
29
-Trust established only inter vivid -Created solely to avoid probate -Gifts are not complete -May also contain QTIP
Revocable living trust
30
-This trust is a RLT that the grantor establishes to handle financial affairs when and if the grantor becomes incompetent to do so -Nominally funded at the time of creation -Must have an accompanying springing durable POA to transfer assets once incapacitated
Contingent (standby) trust
31
What are 529 plan characteristics?
No income phasing to contribute Balance accumulates tax deferred 10% penalty for distributions not used for education Up to $10k p/y for K-12 education expenses allowed Contributions are subject to gift and GSTTs 5-year averaging election allowed (5x gift tax exclusion) Unlimited transfers between family members
32
What are the Coverdell Education Savings Account (CESA) characteristics?
Income phaseout Limited to $2k p/y contribution Tax free distributions for K-12 education expenses Must be completely distributed by age 30 Can be rolled over to another family member
33
How does one setup a trust to protect the beneficiary and grantor from creditors?
Must be irrevocable Must not be for sole purpose to defraud creditors Grantor should not retain any control that would allow the grantor to demand trust assets for his benefit Grantor should not be trustee if trustee has discretion over distribution Trust should not provide for mandatory distribution or have a demand right Trust should contain spendthrift provision
34
The purpose of this trust is to pass assets to several generations of descendants Trust would apply GSTT exemption
A dynasty trust
35
This trust provide annual distributions to minor beneficiaries The trust can be exhausted to the beneficiary at any age determined by the grantor Gift tax exclusion used on present interest
2503(b) trust
36
What is a Crummy trust?
A trust in which the beneficiaries have Crummey powers Offers a window in which the beneficiaries have present interest so the DR can use the gift tax exclusion
37
What are gift tax consequences of letting the Crummey power lapse?
Gift tax is imposed on the greater of 5% or $5k of assets that could have been taken
38
What are estate tax implications of letting the Crummey power lapse?
If lapse by death, the holders estate has to include the maximum amount he could have appointed himself immediately before death
39
Irrevocable, inter vivid only trusts which are designed to allow a grantor to retain an interest for a term certain
Grantor retained trusts
40
In this trust, the grantor retains the right to receive an annuity payment from the trust annually Fixed or percentage amount Removes from grantor estate if term expires while grantor is alive
Grantor Retained Annuity Trust (GRAT)
41
In this trust, the grantor retains the right to receives a entrust amount from the trust at least annually Expressed as a fixed percentage of FMV Removes from grantor estate if term expires while grantor is alive
Grantor Retained Unitrust (GRUT)
42
In this trust, the grantor retains the right to receive a stated percentage of income at least annually If no income is earned, no income is distributed
Grantor Retained Income Trust (GRIT)
43
In this trust, the grantor retains the right to live in residence for the term of the trust
Qualified personal residence trust (QPRT)
44
A trust that is designed to be subject to income taxes on asset growth within the trust, but also designed to be out of the DRs estate for estate tax purposes - this takes advantage of the lesser income tax to the 40% estate tax
Intentionally defective grantor trust (IDGT)
45
This trust is used to remove insurance death benefits from a grantors estate while still having access to the policy process to increase the liquidity of the estate. The grantor must survive the transfer by three years Unfunded means premium payments still need to be made.
Irrevocable life insurance trust (ILIT)
46
These trusts allow a spouse some interest in trust assets, but bypass inclusion in the spouse's gross estate
Bypass trust
47
These trusts with spouses as beneficiaries, are subject to gift or estate tax and therefore the exclusions or credits Main types of trusts are power of appointment and QTIP
Marital trusts
48
This type of charitable trust donates the asset the charity first, with remainder interest going back to the DR or designated beneficiary Interest income to trust must be annuity or unitrust (percentage)
Charitable lead trust Also CLAT or CLUT
49
This type of trust gives an asset to (a) designated beneficiaries first with remainder interest going to a charity Can be for term of 20 or lifetime of DR Paid by annuity not less than 5% of initial FMV or fixed percentage not less than 5% of initial FMV
Charitable remainder trust Also CRAT or CRUT
50
A special type of CRT - established only by public charities (50%) DRs property commingled with other DRs property
Pooled Income Funds
51
What are the various types of inter-family sales?
-Ordinary sale: full FMV - no gift -Bargain sale: less than FMV - difference is gift -Installment sale: payments over time -SCIN: installment with death cancellation provision -Private annuity: sale in exchange for lifetime payments -Sale-leaseback: sale of depreciated property to be able to deduct lease payments
52
How does one determine the purchaser basis, gift tax, and capital gain in bargain sale if sold below and above basis?
Below: FMV - sale price. No loss allowed. New basis is sale price Above: FMV - sale price = gift. New basis sale price. Capital gain is sale price - seller basis.
53
Generally, how does a self-cancelling installment note (SCIN) work?
Basis is the agreed upon price of sale regardless of whether or not all payment were made. A provision that cancels payments at death. This decreases the PV of current payments. The buyer has to pay a premium up front to ensure that there is no gift tax paid by the estate at death. Not includable in seller's estate
54
How does a private annuity work?
Seller sells an asset in exchange for an annuity payment. Buyer pays annuity until death of seller. Payments include basis, capital gain, and interest
55
What is right of first refusal in transferring a closely held business?
Allows co-owners first opportunity to buy ownership of company before it is offered to a third party, whom they may not want owning a portion of the company
56
What is a cross-purchase agreement?
All owners agree to sell their interests or buy the other interest under certain circumstances such as death, retirement, total disability, etc. n(n-1)
57
What is an entity purchase agreement?
Same as cross-purchase, except the option to buy lies with the business entity first, then the co-owners
58
How is insurance handled in a cross-purchase agreement?
Every owner will become the owner of and pay the premiums for policies in which all of the other owners are beneficiaries. A policy is required on every other owner. 3 owners, 6 policies. Premiums are not deductible
59
How is insurance handled in a entity purchase agreement?
All insurance policies are purchased, owned and have premiums paid by the business entity. The business entity is the beneficiary. Unlike cross-purchase, one owner, one policy.
60
When "freezing" business valuation appreciation from estate, what type of business entity CANNOT be used?
S Corp. Freezing requires more than one class of stock and S corp only allows one class.
61
What are the three rules where chpt 14 rules do not apply to business interest transfers?
1. There is a ready market 2. The class of interest is the same class as transfer 3. The retained interest is proportionately the same as the transferred interest
62
Who are chpt 14 applicable family members?
Spouse Any ancestor of the spouse Any spouse of the ancestor
63
Who are the chpt 14 members of the family?
Spouse Any lineal descendent of the transferor or spouse The spouse of any such lineal descendent
64
What are the reasons to use life insurance proceeds in estate planning?
-Liquidity to pay for estate expenses -Debt relief (mortgage, car, big expenses) -Lifetime objectives like buy-sell agreements -Income replacement -Wealth accumulation
65
What are the three insurance settlement options?
Lump sum (income tax free) Installments (interest is taxable, remaining payment tax-free) Pursuant to an interest-only option (all taxable)
66
Transfers to key persons Transfers between spouse, or incidental to divorce Transfer to a partnership Transfer contributed to a business Are examples of...
Exceptions to the transfer for value rule, meaning they retain their tax-free status
67
What is the three year rule for life insurance?
A period of 3 years must have passed since transfer of ownership from self to another to prevent insurance benefit from being included in gross estate
68
What is a split dollar life insurance plan?
Usually offered to highly valuable EEs as a retention incentive.
69
What is key person life insurance?
Insurance which provides a financial help to the business, expecting a dip in income when a key EE dies
70
What techniques can prevent life insurance from being included in an estate?
ILIT in which policy wasn't transferred w/I 3 years Key person Someone other than the insured as owner
71
Which is simple and which is complex? a) Can accumulate wealth & make charitable gifts b) Pays out income annually & cannot make charitable gifts
a) complex b) simple
72
Creating an assured market for a closely held business in the event of death, disability, or selling of interest, is the purpose of a...
Buy-Sell agreement
73
What is a recapitalization?
Changes the structure of the company. Different classes of stock, change in business entity (S, C, etc)
74
What is "freezing" a business?
Transfer the value of the business to the preferred shares and assigning the business growth to the common shares
75
Which statements are correct? 1) When used by a corporation, these agreements are also known as stock redemption plans. 2) The business entity itself purchases the interest of an owner who dies. 3) The business entity is entitled to an income tax deduction for the premiums it pays on any life insurance policies used to fund the agreement.
1) When used by a corporation, these agreements are also known as stock redemption plans. 2) The business entity itself purchases the interest of an owner who dies.
76
in an ILIT, what does it mean to be a grantor trust?
In a grantor trust, the ILIT is FUNDED by the assets inside the trust. Conversely, an unfunded ILIT means that the grantor has to pay the premiums each year.
77
In an installment sale, what can a seller choose to do with the payments beyond the first year, regarding reporting gains?
Make them optional and report them immediately to offset other losses

Estate Planning (8 decks)

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