©2015, College for Financial Planning, all rights reserved. Session 4 The Federal Gift Tax CERTIFIED FINANCIAL PLANNER CERTIFICATION PROFESSIONAL EDUCATION PROGRAM Estate Planning

Session Details 4-2 Module4 Chapter(s)2 LOs4-4 Analyze a situation to identify transfers included in total gifts, and/or deductions that are available in calculating taxable gifts. 4-5 Analyze a situation to calculate the federal gift tax.

Determining Gift Tax Liability Affects only gratuitous lifetime transfers Exempt from gift tax o Political contributions o Direct and exclusive payment of medical and tuition expenses Was it a completed transfer? o Donor must part with dominion and control o Transfer to a revocable trust is not complete o Transfer to an irrevocable trust not complete if donor can Add additional beneficiaries Delete an existing beneficiary Alter beneficiary’s right to trust assets 4-3

Determining Gift Tax Liability continued Gift Splitting Donor must have spouse; if subsequently divorced, must not remarry in same year Spouses must be a citizen or resident alien Consenting spouse must not have a GPOA Cannot split if gift is to spouse Both spouses must consent to split If one gift is split, all gifts for the year by both spouses must be split 4-4

Determining Gift Tax Liability continued Annual Exclusions Donee must have a present interest (PI) Count the number of donees with a PI Deduct the lesser of the value of all present interests, or the maximum annual exclusion for year of completion of each PI gift 4-5

Determining Gift Tax Liability Marital Deduction Is property included in the decedent’s (DC) GE (ET) or total calendar year gifts (GT)? Does property pass to transferor’s spouse? For GT, must be a completed gift, and donor’s spouse is donee 4-6

Determining if Asset is Entitled to Marital Deduction continued Is the property a non-terminable interest or a deductible terminable interest? Definition of terminable interest o Transferor has given someone other than spouse an interest in the same property; and o Spouse cannot control where the property will go after his/her interest ends or fails Examples of a terminable interest: o Spouse receives an income interest in trust for term certain o Life estate w/o GPOA or QTIP election 4-7

Determining if Asset is Entitled to Marital Deduction continued Is the property a non-terminable interest or a deductible terminable interest? Exceptions to terminable interest rule (aka deductible terminable interests): o Life estate + GPOA or QTIP election o Spouse is sole income beneficiary in CRAT/CRUT (exception for grantor) o QTIP with an election Example of a non-terminable interest not in trust: o Life estate + GPOA or QTIP election Examples of non-terminable interests in trust: o Estate trust o General power of appointment trust o QTIP trust with an election 4-8

Determining if Asset is Entitled to Charitable Deduction Prerequisites Qualified charity Donation of cash or property Gratuitous completed transfer If partial interest, must be in approved form Asset must be in donor’s total calendar year gifts (GT) 4-9

Determining if Asset is Entitled to Charitable Deduction continued Remember Deduction only for excess of value given over that received Entitled to annual exclusion first for gift of a present interest (GT only) Formula: Tax on total taxable gifts, minus tax on prior taxable gifts, equals tax on current taxable gifts 4-10

Life &Times of Jose O’Shea Following is a complete listing of José O'Shea's gifts (all made on January 2 in years shown): Compute the gift tax for each gift gave his wife a life estate (valued at $450,000) in a condominium (no QTIP election) transferred residence worth $1,000,000 into his and his 3 children's names as JTWROS transferred a $500,000 face value insurance policy on his life plus $50,000 in income-producing property to an ILIT José's wife is the income beneficiary (at the discretion of the trustee); José's three children are equal remaindermen no beneficiary has a Crummey power; replacement value of the policy was $70,000

Federal Gift Tax Worksheet 2002 Gift 4-12

Federal Gift Tax Worksheet 2003 Gift 4-13

Federal Gift Tax Worksheet 2015 Gift 4-14

Question 1 Only direct transfers of present interests are completed transfers that are taxable for federal gift tax purposes. True False 4-15

Question 2 “Gift splitting” means that spouses may file a joint gift tax return. True False 4-16

©2015, College for Financial Planning, all rights reserved. Session 4 End of Slides CERTIFIED FINANCIAL PLANNER CERTIFICATION PROFESSIONAL EDUCATION PROGRAM Estate Planning