Estate Tax Law Update Castle Financial Advisors, LLC Like the Knights of Olde, Our Advisors Pledge to Help You Build & Fortify Your Financial Castle.

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Presentation transcript:

Estate Tax Law Update Castle Financial Advisors, LLC Like the Knights of Olde, Our Advisors Pledge to Help You Build & Fortify Your Financial Castle

Topics for Review Estate Planning Issues Estate Tax Law Changes Traditional and Enhanced Estate Planning Other Possible Invaders of Your Estate

Estate Planning Issues Distribution Administration Management Income Taxes

Personal Property Real Estate InsuranceBusiness Savings Bonds Stocks Residence Vacation Business Personal Pension/Group Business Ownership % Pensions Non-Qualified Plans Estate Planning Issues Will-TitleWill - Deed Will - BeneficiaryWill - Buy / Sell Estate is open to the public, lack of privacy Assets are in temporary receivership, lack of control Probate Delays 6 Month to 10 Years FAMILY Voluntary 50% to 60% Loss Due to: Federal Estate Tax State Inheritance Tax Administrative Costs Attorney’s Fees Any Debt of the Estate Expenses Levied Against Estate Probate 6 Months to 10 Years enter

Estate Tax Law Changes “Economic Growth and Tax Relief Reconciliation Act of 2001”

Overview of Changes to Estate, Gift and Generation Skipping Transfer Taxes On 5/26/01– House and Senate passed H.R reducing Gift Tax, Generation Skipping Transfer Tax & Estate Tax rates with complete repeal of Estate Tax & Generation Skipping Transfer Tax scheduled for 2010; replaced with carryover basis Immediate repeal of 5% surtax and rates in excess of 50%; rates further reduced in successive years to a low of 45%

YearExemption Equivalent Top RateTax Credit 2002$1,000,00050%$ 345, $1,000,00049%$ 345, $1,500,00048%$ 555, $1,500,00047%$ 555, $ 2,000,00046%$ 780, $2,000,00045%$ 780, $2,000,00045%$ 780, $3,500,00045%$1,455, $0*35% GTET Repealed 2011$1,000, %**$345,800 *$1,000,000 exemption equivalent for gifts still applies; rate equals highest income tax rate (35%). **5% surtax applies. Exemption Equivalent and Tax Credit

Summary of the Impact of the 2001 Tax Act No relief for estates of those who die before Large estates will have significant estate tax liabilities until The sunset provision of the current law allows for the return of the current tax structure in States will need to raise taxes to make up for the reduced tax revenue under the new law. The carry over basis rules that apply in 2010 Create a new burden of taxes, reporting & record keeping. The sunset provision of the new law adds to the uncertainty of current and future estate planning decisions.

Techniques of Traditional Estate Planning Credit Shelter Trust Disclaimer Trusts Revocable Living Trusts Irrevocable Living Trusts GRIT’s GRAT’s GRUT’s QPRT’s GST Intentionally Defective Grantor Trusts SCIN’s Private Annuities ILIT’s CRT’s / CLT’s FLP’s LLC’s Life & LTC Insurance

Enhanced Estate Planning Provides for You in Retirement Employs Income Tax Savings Strategies Provides for the Surviving Spouse Next Maximizes the Eventual Wealth Transfer to Family Promotes Charitable Giving during Your Lifetime Adds Flexibility & Avoids Irrevocable Decisions Leaves You in Control of Your Estate Protects Your Estate from All Invaders

Asset Protection “Asset protection is probably one of the most important aspects of estate planning and preserving a legacy for your family. It involves more than just providing liquidity for the payment of federal and state estate taxes.”

The Invaders of Your Estate IRS Inflation Poor Investments Medical Expenses Divorce Lawsuit Creditors

Accumulation Planning Wealth Accumulation Income Tax Planning Professional Asset Mgmt Fringe Benefit Planning Pension Plans Group Benefits Executive Benefits Business Continuity Planning Retirement Disability or Death Key Person Planning Estate Preservation Planning Wills & Trusts Elder Care Planning Charitable Planning CFA CAM Coordination Of The Four Types Of Plans

The information in this presentation is designed to be general in nature and for educational purposes only.