Understanding the R-CLAT Transaction Phillip W. Hegg, JD, LLM PH Consulting Services
What The R-CLAT Is All About Giving It All Away. . . . . . Getting An Income Tax Deduction . . . . . . Getting It All Back Again Client's Income
The Next 40 Minutes Is All About Money
The Next 40 Minutes Is All About Money Your Client’s Money
What The R-CLAT Is All About Step Forward - Examples Of The End Results Hoped To Be Achieved Client's Income
Example 1 – RCLAT Plan (Supplemental Income) Client's Income
Example 2 – RMD-CLAT Plan (Wealth Transfer) Client's Income
Example 3 – Business/Asset Sale (Supplemental Retirement) Client's Income
High Net Worth/High Income Clients 33%
High Net Worth/High Income Clients IRS
High Net Worth/High Income Clients IRS
High Net Worth/High Income Clients IRS STATES
High Net Worth/High Income Clients Our Responsibility As Advisors
High Net Worth/High Income Clients Whose Money Are We Dealing With?
High Net Worth/High Income Clients
Whose Money Is It Anyway? Client's Retained Income Allocated To Taxes
High Net Worth/High Income Clients With Planning . . .
HNW Clients - Putting More Money to Work Allocation to Tax Plan Allocation to Taxes
HNW Clients – Government Subsidization of Your Plan Allocation to Tax Plan Allocation to Taxes 97.14%
Comparison of Deductible Plans Defined Benefit Plans V RCLAT Plan
Implementation of DB Plan v RCLAT Plan Client Allocation to Tax Plan Tax Deferral Allocation to DB Plan Allocation to Taxes Client Income Allocation to DB Plan 97.14%
Exiting the Plans – RCLAT Plan v. DB Plans Distributions Non-Taxable Distributions 100% Income Taxable Taxable Distribution Attributable to "Tax Subsidy" Taxable Distribution Based on Client Contribution To DB Plan Non-Taxable Distributions To Client and Family Group Distributions to Charity
Implementing a R-CLAT Plan
Who Is The Optimal Client?
Creating the Structure The Client High Net-Worth High Income Single Event Large IRA/QP Philanthropic Other Client
Creating the LLC Structure Client
Structure of the LLC Client LLC
Structure of the LLC Client LLC Classes of Ownership Class A Units Class B Units Operating Agreement Attributes of Units Valuation Issue LLC
Contribution to the LLC Client LLC
Contributions to LLC Client Client’s Contribution LLC
Contributions to LLC Client Client’s Contribution LLC Cash IRA/QP Distributions Investment Assets Business Interests (Other than S Corp) Other Client’s Contribution LLC
Issuance of Interest for Contribution Client Contribution LLC
Issuance of Interest for Contribution Client LLC Issues Cl A, CL B Units Contribution LLC
Issuance of Classes of Unit Interests Client Class A Units, Class B Units to Client to Client and Spouse Other LLC Issues Cl A, CL B Units Contribution LLC
Issuance of Interest for Contribution Client Contribution Cl A, CL B Units LLC
The Charitable Lead Annuity Trust Client Charitable Lead Trust Contribution Cl A, CL B Units LLC
The Charitable Lead Annuity Trust Client CLAT Structure Term Payout Structure Other Charitable Lead Trust Contribution Cl A, CL B Units LLC
Contribution of Class A Units to CLAT Client Contribution Cl A, CL B Units LLC Charitable Lead Trust
Contribution of Class A Units to CLAT Client Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Charitable Lead Trust
Contribution of Class A Units to CLAT Client Contribution of Cl A Units to CLAT Value of Class A Units Valuation Issues Other Contribution Cl A, CL B Units LLC Charitable Lead Trust
Contribution of Class A Units to CLAT Client Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Charitable Lead Trust
LLC Operations LLC Operations Client Charitable Lead Trust LLC Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Charitable Lead Trust
LLC Operations LLC LLC Operations Client Investment of Contributions - Allocation to Investment Broker’s Determination - Allocation to Insurance IUL Contracts Investment Insurance Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC Operations LLC LLC Operations Client Charitable Lead Trust Determining % Allocation - Importance of % - Effect on Grantor Taxed Income Investment Insurance Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC Investment Allocations A Slight Diversion?
LLC Investment Allocations Why Life Insurance?
Why Life Insurance In The Plan? 1. Insurance as an investment/asset class 2. Grantor trust rules
Why Life Insurance In The Plan? Insurance as an investment . . . As an asset of a trust or other entity
Why Life Insurance In The Plan?
Why Life Insurance In The Plan?
Why Life Insurance In The Plan? But Does That Tell The True Story of Why Life Insurance . . . ? No Question . . . It Is A Excellent Investment Taking Into Consideration The Attributes of a Life Insurance Policy
Why Life Insurance In The Plan? But . . . The Next Statement from the Client . . . “I Can Make More in Investments, Hedge Funds, Real Estate, Etc., Etc., Etc., . . .”
Why Life Insurance In The Plan? The Answer . . . “Can You Really . . . . . . Taking Into Consideration All Factors”
Comparative Analysis of Available Investments
What’s Happening to Hedge Funds? Do You Believe?
Why Life Insurance In The Plan Do You Believe In Life Insurance As An Asset Class?
Why Life Insurance In The Plan More Importantly – Are You Able To Explain To Explain In “Relatable” Terms - The Concept of Asset Class - How Life Insurance As An Asset Class Compares to Other Investments
Why Life Insurance In The Plan The Grantor Trust Rules
Grantor Trust Rules IRC § 671 – “Where it is specified in this subpart that the grantor . . . shall be treated as the owner of any portion of a trust, there shall then be included in computing the taxable income and credits of the grantor . . . those items of income, deductions, and credits against tax of the trust . . . attributable to that portion of the trust to the extent that such items would be taken into account . . . in computing taxable income or credits against the tax . . . “
Grantor Trusts and Insurance in the Plan Why Is This Important? All Grantor Trusts (ILITs, IDGITs, Etc.) Impute To The Grantor, To Be Included On His/Her Individual Tax Return, The Items of Income and Deduction As Set Forth in The Grantor Income Tax Provisions of IRC §§671-679
How Does The Grantor Income Rules Affect The RCLAT? 60% Inv/40% Ins Allocation
How Does The Grantor Income Rules Affect The RCLAT? Income Attributed to Residual Beneficiaries to Grantor 60% Inv/40% Ins Allocation
How Does The Grantor Income Rules Affect The RCLAT? Income Attributed to Residual Beneficiaries to Grantor 60% Inv/40% Ins Allocation 15% Inv/85% Ins Allocation
How Does The Grantor Income Rules Affect The RCLAT? Income Attributed to Residual Beneficiaries to Grantor 60% Inv/40% Ins Allocation Income Attributed Grantor to Residual Beneficiaries
How Does The Grantor Income Rules Affect The RCLAT? The Difference Between a 60%/40% and 15%/85% Allocation Gross Income $3,079,808 v $221,986 Grantor Taxation $1,858,520 v $102,047
Back to the Structure
LLC Operations LLC Client LLC Charitable Lead Trust Investment Insurance Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC/CLAT Operations LLC Client Distributions – LLC to CLATt - Annual Distributions - Amount Determined by Operating Agreement - Level or Increasing Payout - Generally matches CLAT Payout Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC/CLAT Operations LLC Client Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
Charities or Foundation CLAT Distributions Client Distributions by CLAT Charities Donor Advised Funds Foundations Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units Charities or Foundation LLC Investment Insurance Charitable Lead Trust
Charities or Foundation CLAT Distributions Client Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units Charities or Foundation LLC Investment Insurance Charitable Lead Trust
Ongoing Operation of the Plan What’s In It For The Client?
LLC Distributions to Client/Family Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units Charities or Foundation LLC Investment Insurance Charitable Lead Trust
LLC Distributions to Client/Family To Client If Designed for Retirement Benefits To Spousal Access Trust Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC Distributions to Client/Family To Family If Designed as Wealth Transfer Family Trusts Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
LLC Distributions to Client/Family Distributions to Charities Additional Income Tax Deduction on Contribution Charitable Trusts/DAFs Contribution of Cl A Units to CLAT Contribution Cl A, CL B Units LLC Investment Insurance Charitable Lead Trust
What The R-CLAT Is All About The End Results of the Process Client's Income
Example 1 – RCLAT Plan (Supplemental Income) Client's Income
Example 2 – RMD-CLAT Plan (Wealth Transfer) Client's Income
Example 3 – Business/Asset Sale (Supplemental Retirement) Client's Income
What The R-CLAT Is All About Giving It All Away. . . . . . Getting An Income Tax Deduction . . . . . . Getting It All Back Again Client's Income
What The R-CLAT Is All About Client's Income
What The R-CLAT Is All About Client's Income
What The R-CLAT Is All About Client's Income