Wrong Answer estate Flashcards
Powers That cannot be given to another
Power to execute or revoke a will
Power to execute a living will (right to die)
Key Elements of Form 706
Gross Estate
(Less funeral expenses, administration expenses, debts, taxes, and casualty loss)
Adjusted Gross Estate
(Less maritable and charitable deduction)
Taxable Estate
(Plus any adjusted taxable gifts “amounts exceeding gift tax exclusion”)
Tax Base
(Less estate tax deduction 13,610,000 for 2024)
Tentative Tax
(Less gift taxes paid)
Net estate tax
Private Foundation
Charitable organization created, funded and usually controlled by a single wealthy donor or by members of donors family. Lower annual contribution deduction percentage limitations apply for income tax purposes.
An excise tax is generally levied on a private foundation that fails to distribute at least 5% of its investment assets annually.
Recapitalization
Freezes the assets in the estate
Key Person Discount
A key person discount may be allowed for a business that lost a key employee who was responsible for its goodwill or administrative or management skills
Income with Respect to Decedent (IRD)
Estate tax is due but estate is allowed an income tax deduction for the estate taxes attributable to the fee collected
QDOT
Qualifies the estate for the martial deduction if passing to a non citizen spouse
QDOT
Qualifies the estate for the martial deduction if passing to a non citizen spouse
First consideration when discussing gifting property with a client
If a client can afford to gift
Estate Tax form
Form 706
When is tax form 709 filed
-When taxable gifts exceed the annual exclusion.
-a gift of a future interest in any amount
-a gift for which spouses elect gift splitting
Basis when gifting to a trust
Still remains, it doesn’t lose basis.
2503 (c) trust
Enables a grantor to make a gift to a minor and still obtain the annual gift tax exclusion:
-can be funded with any type of asset
-Normally distributed at age 21
-costs to set up and maintain (legal and accounting)
-can be included in grantor/trustees estate