Estate planning is the process of creating a master plan for the disposition of an individual's assets, which involve the disposition of such assets at death, and may also involve lifetime transfers of property. When planning to dispose of one's assets many things must be kept in mind:
Many individuals initiate estate plans for the purpose of tax planning. However, as the plan develops, a much more comprehensive view emerges with the emphasis on the safeguarding of assets for the benefit of heirs, playing the critical role.
In everyday life, estate planning involves people - spouses, children, grandchildren, favorite family members and close friends. Estate planning is attempting to provide for an individual’s security and prosperity without the "bread winner.” Estate planning has also been labeled “a bundle of taxes - state, federal, income, death and gift - with an army of Lawyers, Accountants, Insurance people, Banks and Financial Planners to help administer the estate.”
A. Types of assets making up the estate.
B. Amount of estate owners debt obligations.
C. Projected estate tax liability.
8. Disability / Last illness. Cost of a lingering illness or disability may eat up valuable estate assets. Medical expense and disability insurance should help with these costs thus saving assets.
There are four distinct objectives of a proper estate plan. Many times a plan is perceived as only having one or possible two of those objectives. Since there may be different specialists involved in the Estate Planning process, such as Attorneys or Accountants, an individual should be sure to not only realize such shortcomings in a plan, but to safeguard against it. A truly comprehensive estate plan will address all four of these objectives:
Liquidity means the ability to convert assets to cash without giving up value. Because of death and its related costs that must be paid within a short time following death, one must be absolutely certain that the estate has sufficient liquid assets to cover such costs. Realistically it would seem that the annual increase in the cost of dying has exceeded the annual increase in the cost of living. Costs of burial plots, cemetery monuments, funeral director's fee and attorney fees have risen. Thus, if an individual’s estate presently lacks liquidity, it can be assumed that the liquidity problem would continue to increase in the future.
The need for liquidity arises because of four general grouping of expenses materialize upon death. These expenses generally must be paid within one year of death.
A. Administration expenses - these are the expenses of opening, administering and closing the decedent's estate. Executor's fees and fees for the Executor's attorney represent the majority of expenses. Other expenses will include Court costs; costs of appraising estate property; costs of insuring estate property while estate is opened; maintenance or repair of estate property; expenses of defending a Will contested by disgruntled heirs; auction fees; and the cost of administration. Studies of I.R.S. statistics reveal that these expenses will shrink the estate by 4 - 5%.
B. Indebtedness of the decedent - mortgages are usually the most significant debt. Many families will want to retire the mortgage at the death of the first spouse so that the surviving widower and children are not burdened with this debt.
Other debts would include automobile loan balances, credit card accounts and other installment credit, and final expenses of the decedent's last illness. Accrued taxes would also be considered debt. This would include accrued but unpaid income taxes, (federal, and state, local); property taxes and any other taxes, which the decedent had incurred but not, paid. It should be noted creditors have a limited period of time in which to file claims against the estate. The Executor then has a period of time, usually the first six months after death in which to decide the validity of such claims and settle or pay them. Debts will vary according to the estate but they (generally) average 5 - 6% of the total estate.
C. Funeral expenses and related costs are a major cause of shrinkage. Expenses paid to funeral homes, burial expenses, tombstone, monument or mausoleum expresses, the cost of a burial plot, the cost of transportation of the body, florist's fees and prepaid expenses for future care of the burial site are all included.
D. Death taxes, federal and state, are another cause of estate shrinkage. Such taxes are important in the large, unplanned (or poorly planned) estate. The federal estate tax rates are progressive, so a higher percentage of the larger estate is forfeited to taxes unless steps are taken to minimize this. If an estate is subject to the federal estate tax, it will be taxed at a marginal rate and must be paid within nine months of death. This tax was overhauled in 2001 and the exempt amounts increase each year until it reaches zero (there is no estate tax regardless of size of estate) in 2010.
In summary, an estate that is not liquid may have to borrow in order to provide living allowances for spouse and children and to pay estate obligations. Sometimes the value of estate assets rises or falls dramatically due simply to the owner's death. Thus, the death of an artist, author or entertainer often increases the values of his/her work. On the other hand, the death of a business owner has the opposite effect.
There are two ways to solve the liquidity problem: (1) minimize the need for cash at the time of death and (2) create additional liquidity at death. By minimizing the need for cash at the time of death a proper estate plan should avoid Probate and reduce taxes. If, after achieving this objective the estate will probably still have liquidity problems, then the proper estate plan must find a way to create additional liquidity. Life insurance is probably the best way because of its unique characteristic of maturing at death just when it is needed the most.
Since Probate expenses tend to vary directly with the size of the Probate estate (the assets passing under the decedent’s Will), actions, which reduce the size of the Probate, also reduce Probate's costs. Probate avoidance has become a routine and long overdue part of estate planning.
Probate is the legal process of passing ownership of property from a deceased person to another. Probate Courts have been a part of our legal heritage for centuries. Generally speaking, every county in every state in the U.S. has its own Probate Court. These courts all have the same purpose - passing ownership of property to the heirs of people who died with a Will plan or with no plan at all.
One must understand that if one dies either with a Will or without (intestate), the Probate process begins. Getting the decedent's property into the hands of his/her beneficiaries or the state's beneficiaries is but one part of the Probate process. The Probate Agent (Executor / Administrator) is responsible for most of the work to be accomplished in the process. The Agent will report and answer to the Probate Judge through the Estate's Attorney. There are four problems with Probate:
To the extent one can reduce the tax bite at death, the estate will not need extra liquidity for tax payments thus conserving estate assets for the decedents dependents and heirs. As with Probate avoidance, tax considerations should not drive everything else. The estate owner should not engage in "off the wall" estate planning techniques which may save taxes but which would be inconsistent with the individuals fundamental objectives.
There is a tendency among some financial planners to consider and plan for federal estate tax consequences. However, the total situation should be evaluated, including the Federal Income Gift Tax and estate taxes and any other applicable estate income, gift and death taxes.
Transactions and techniques in the estate planning area are subject to more formality than is usual in the normal course of personal and business affairs.
If the proper formalities are not observed a well-planned estate plan may fail in the implementation phase. There are five areas where these disposition techniques are critical.
CONSUMER APPLICATION
Fred and Mabel Snow are husband and wife who recently purchased the Gayety Theatre. When the title was transferred, the new owners were shown as “Fred and Mabel Snow.” They wanted the property to pass after the death of the first spouse, to the other spouse. However, in the state in which they resided and where the Theatre was located, the courts would treat this as a tenancy in common without rights or survivorship. If the title stated “Fred and Mabel Snow, husband and wife,” the property would be considered as tenancy by entirety with right of survivorship.
Financial Planning, and in particular Estate Planning, concerns people as well as property and must be highly personalized. The planner must have information such as the client's domicile, identification of family members, and an inventory of the prospect's property. Family facts should include general identifying information as well as personal characteristics, behaviors, and overall health. The planner must have a feeling for the attitudes, expectations, and wealth of the different family members.
Identifying Assets and liabilities is usually the most challenging task. This part of the process may be quite detailed and can only be effective with accurate facts and figures.
Identifying current plans is an important step. Copies of Wills and trusts should be gathered, objectives should be noted, discussed and recorded. Definite and specific objectives are the goals of fact-finding, which can only be achieved through comprehensive interviews with family members, other client advisors, and the client. After an exhaustive interview process the planner and client can proceed to the next logical step: Identifying the Problems. A general guideline for a financial planner to remember is that plans become inconsistent for three general reasons:
As the financial planner develops his/her practice, a comprehensive fact finder will help avoid many of these problems. Many planners double their fact-finding forms as a computer input form which saves time in transferring the data to input sheets for computer calculations. As one can imagine there are many fact-finding forms used today, ranking from 3 pages to over 40 pages. Some planners ask clients to complete such forms after the first interview and bring the completed data form to the next interview. Some planners, on the other hand, will request the data form be completed prior to the first interview. Regardless of when the form is completed it is a crucial tool for the financial planner in the initial steps of estate planning preparation and must be completed before any other steps are taken.
The area of identifying and evaluating problem situations create problem areas:
By identifying the various areas of concern in the estate plan, the planner will be able to call upon the estate planning team (life underwriter, accountant, attorney, banker, advisor) for assistance in solving such problem areas.
Once the fact-finding has been completed and the proper questions asked leading to problem areas the planner must now exercise creativity. The planner must help the client find ways to meet objectives, through the process of elimination and trial and error. Thus, an action plan can be created to make necessary corrective solution. The ultimate concept is "what will work best,” not necessarily "what will work.”
Once the plan is developed, it must be tested. Does it satisfy the needs of estate liquidity? Are the retirement objectives being met? Does the plan dispose of assets the way the client wishes? Are the needs of the survivors met? Will the plan minimize the shrinkage of the estate? If all these questions are affirmative, then the plan could pass the test of time.
When the plan is completed the planner should meet with the client and spouse. This should be a face-to-face meeting, either at the planner's office or client's home.
In today's litigious environment it would be advisable to have a checklist of the various changes suggested and have the clients initialize that the changes were reviewed. When opening the presentation, the planner should restate the assumptions and key facts on which the plan is based.
Do not assume that the client will remember all-or-any of prior discussions. The planner must reiterate that the plan was molded around the clients input and objectives and not developed in a vacuum. Finally, any action steps recommended by the planner should be reviewed and analyzed as to time frames when instituted. Once this is completed the needed steps of implementation have been satisfied.
The final stage of presenting the plan is to have the client's acceptance. If the client has objections, the planner's duty is to uncover the reason for the objection. Did the client understand what was being asked? Possibly an objection might be a "smokescreen" hiding another objection. Is the client uncomfortable with any of the recommendations? If so, why? The planner should not be hesitant to probe further and determine the true reason for any problem.
In many situations the planner must go "back to the drawing board" and implement changes. With a revised plan a second presentation will be needed. Usually, the revised plan will defuse any further objection and the plan will be accepted. Please note that although the client might not have accepted the first plan, this is not an adverse reflection on the planner. It is important to remember that the client's wishes are paramount and it is of primary importance to develop a plan that satisfies the client's needs and objectives.
Once the Plan has been accepted, the planner's responsibilities are only half-completed. The professional planner must now prove his/her worth by insisting that the accepted recommendations be implemented in a timely fashion. Several steps are usually needed in Plan Implementation such as:
a. Various tax-motivated strategies might need to be implemented. The client's accountant should be consulted, and become appraised of any such situation.
b. Insurance products could be needed for retirement income, estate liquidity, estate creation and survivor income.
c. An attorney must prepare any necessary legal documents, such as Wills, trusts, and sale or purchase agreements.
The financial planner must perform the needed duties as he/she coordinates the implementation of the plan. The planner is looked upon as the "quarterback" who will make certain that the needed actions do, in fact, take place. The planner should help the client shop for financial products and work with the advisors as the need arises.
WHAT WHO WHEN
1. Draft a codicil to the client’s John Birnbaum Feb. 10
Will to change specific legatees, Esq.
And to name a revocable trust
As residuary legatee.
2. Draft the revocable pourover John Birnbaum Feb. 10
trust referred to in # 1 above. Esq.
3. Review codicil and trust. Ross Perot Feb. 20
VP and Trust Officer
4. Execute the documents John J. Client Feb. 28
referred into # 1 above.
5. Select and recommend Bernie Seratan, CLU Mar. 1
life insurance for estate
liquid needs.
6. Purchase life insurance John J. Client Mar. 15
7 . Purchase tax-exempt John J. Client Apr. 10
Mutual fund shares
9. Open a self-direct IRA John J. Client Apr. 15
For retirement income needs.
The final step of the Planning Process is a periodic review and update of the plan. Laws change, tax codes are modified, but most importantly, client's situations change. Keep in mind that the economy is cyclical and what seems appropriate today may be considered a major mistake years down the road. People tend to move around constantly and planning problems can be triggered by such mobility.
Through periodic reviews such changes and their negative impact on estate plans can be minimized. Inflation and its impact on estate planning must be monitored. If a higher-than-actual average rate of inflation was assumed, this would obviously have a positive influence on expected financial needs, such as retirement income, survivor income and college educational needs. However, if the trend was reversed the client's needs could be woefully under-funded and additional funding is needed.
Tax law changes have always been an enormous hindrance to estate planning. There has been twenty major federal tax Laws enacted since 1974. In addition, there are many minor tax laws and regulations. It is apparent that the estate plan cannot remain a static plan as it will only solve yesterday's problems, not today's. The plan must be reviewed and kept up-to-date through periodic reviews specifically due to the constraints imposed by current tax laws.
The client's personal, family and financial circumstances and priorities also change as time passes. Children become financial independent. Client's parents might necessitate a helping hand from younger family members. People come into inheritances or windfalls and also experience sudden financial reverses. Domestic relations between client and family may change. Client objectives could change for no apparent reason other than the client themselves changed. The only thing that a planner can count on is that situations will change.
Lifetime gifts can be effective estate planing tools that can result in substantial tax savings and provide a source of personal satisfaction to the donor.
As an insurance agent, it is important to at least understand the basics of the gift-tax laws, as life insurance can be considered as a gift in some situations. When one uses life insurance as a vehicle in financial or estate planning, care must be taken so that gift taxes are not involved as a result of the insurance.
A gift by transfer will avoid long delays and/or will not be subject to attack by estate creditors or disgruntled heirs. Also, the original owner is relieved of any property management by transferring the property during life. This can be very important to elderly clients. Since Wills become a matter of public record after death, lifetime gifts provide an alternative means of property disposition in which privacy is important to the individual.
One major factor to be considered involves the removal of highly appreciating assets from estates. The key is picking assets, which will actually appreciate in value. If a highly appreciative asset is given to a spouse, and the giftor dies first, the asset with all its appreciation will not be subject to estate tax on the giftor’s death. The asset and its appreciated value will be subject to estate tax on the surviving spouse’s death. If a person gives highly appreciating property to someone other than his/her spouse, effectively both the assets and all its future appreciation will be removed from the estate of either spouse.
If one gives highly appreciating property to someone other than the spouse, they may pay federal gift tax on its value as of the date of the gift, but neither husband nor wife nor their respective estates will ever pay federal estate tax on the appreciation of the property.
An additional consideration in making lifetime gifts involves reducing federal income tax. If one owns property, which generates taxable income, they may wish to give the property to one or more family members who are, or will be, in lower federal income tax brackets.
A gift is defined as any transfer of property for which the giver receives less than the full value in return. To the extent the transfer is for less than full value, a gift has been made. Intent or desire to make a gift is generally irrelevant for federal gift tax purposes. The mere act of delivering the property to its recipient is enough to create a gift subject to federal gift tax laws. A person who makes a gift is called a "Donor,” and the person who receives the gift is "Donee.” Three criteria must be met for a transfer to qualify as a gift.
1. There must be a transfer for less-than-adequate consideration.
2. Donor must deliver the subject matter of the gift.
3. Donee must accept the gift.
The valuation of a gift is the equal value of property transferred minus consideration received when property is transferred for less than “adequate and full consideration in money and money's worth.” The definition of “adequate and full consideration" in money or money's worth is that the consideration given must equal the value of the property transferred.
Incomplete delivery occurs when technical details are left out or when a stage in the transfer process is not completed. With incomplete delivery requirements there are usually four situations that may occur to create an incomplete delivery:
1. A gift made by a dying person who later recovers is an incomplete transfer; the gift is not complete until the donor's death.
2. A Gift of money made by check is not complete until the check is cashed.
3. When one party transfers money to a joint bank account with another individual, the gift is not complete until the other joint tenant withdraws the funds.
4. Transfer of U.S. Government Bonds is governed by Federal rather than State Law. Therefore no completed gift has been made until the registration is changed in accordance with Federal Regulations.
Another potential problem with a completed transfer would be the cancellation of notes. A donor transfers property then takes back notes from the donee. If the donee pays off the notes, the transaction is a sale. However, if the donor forgives (cancels) the notes, the transaction is a gift.
FSpecial note: If a debtor/creditor are unrelated and the debtor performs a service for the creditor as a repayment for the note, a gift has not been made when the creditor cancels the note. The cancellation is a form of income to the debtor for services rendered.
The third problem area for completed transfer would be incomplete gifts in trust. Property transferred to a revocable trust (that is -the donor retains the right to revoke the transfer) is not a completed gift. Only when the trust becomes an irrevocable (donor gives up all retained control) is the gift completed. For example, a Totten Trust (Bank savings account where donor makes deposit for donee and keeps the savings book) is revocable.
There are two types of gifts, direct and indirect gifts.
Direct gifts come in four basic forms:
While there are many situations, six of the more popular indirect gifts are illustrated.
1. Paying someone else's expenses such as making car payments for an adult child, life insurance premiums, etc.
2. Shifting property rights
3. Third party transfers.
4. Creating a family partnership in which some family-member partners provide no services/assets.
5. Transfers by/to corporation (e.g., a transfer to a corporation for inadequate consideration is deemed a gift by the transferor to the other corporate shareholder).
6. Life insurance is an indirect gift if the insured buys a policy on his/her own life and:
If an insured makes an absolute assignment of a policy or in some way relinquishes all rights and powers in a previous policy, a gift is made which is measurable by the policy's replacement cost. This can lead to a tax trap.
There are three categories of gratuitous transfers that are not considered gifts:
1. Property/Interest in property that has not been transferred.
2. Transfers in the ordinary course of business.
3. Sham gifts.
Property that has not been fully transferred obviously cannot be considered as the property of the intended recipient.
Property does not include services rendered gratuitously. Even though services are of economic benefit, no gift tax will occur.
An intended donee refuses to take the gift. A qualified disclaimer is not subject to a gift tax. There are four requirements for a qualified disclaimer:
A promise of a future gift is not taxable. (Only when the promise is enforced does the promise become capable of valuation and subject to gift tax).
An ordinary business transaction is a bona fide transfer of property, made at arm's length and free from donating intent.
There is a gift tax on transfers from corporate employers to individuals as compensation for personal service if payment is made as a legal/moral duty or in anticipation of an economic benefit. Donating intent on payments to employees is determined by:
1. Length and value of employee's services.
2. How the employer determined the value of the payment.
3. Whether the payment was deducted as a business expense.
A transfer for less than adequate consideration made in the ordinary course of business is not taxable as a gift (for example, the selling of stock to key employees at less than fair value, as an impetus to heightened performance is not a gift).
Refers to a transfer whose only purpose is to shift the income tax burden from a high bracket tax payer to a lower bracket family member is not considered a gift by the I.R.S. Courts and will not shift the incidence of taxation.
The Gift Tax Law exempts certain gratuitous transfers of property. There are five main types
The basic premise of gift tax valuation is that property and property interest transferred during lifetime is valued on the date the gift is made (fair market value is used).
If donee must pay tax on property, gift value is reduced by the tax imposed.
If the donor is personally liable for indebtedness secured by a mortgage on the gifted property, the amount of the gift is the entire value of the property unreduced by the debt.
However, if the donee has no right to recover the debt from the donor; the amount of the gift is merely the amount of the donor's equity in the property.
Restrictions limiting the donee's use/disposition of the property do not fix the value of the property, but may have a persuasive effect on price.
Mutual fund shares gifts are valued at the shares' net asset value (bid price).
Once it is established that (1) a gift has been made (2) its value is known and (3) it did not fit one of the exempt categories, it is now possible to determine if a gift tax will be assessed.
Gift taxes were instituted to discourage persons from transferring property during lifetime to avoid estate tax. Reductions to the federal gift tax are allowed, including gift splitting, the annual exclusion, the marital deduction and the charitable deductions. Three gifts to minors which qualify for the annual exclusion are the 2503 (B) trust, the 2503 (C) trust and the uniform gifts to minor act (UGMA) arrangement. (Discussed in more detail later)
5. The federal gift tax is imposed only on the transfer of property and is not imposed on services that are rendered gratuitously.
6. The relationship of the federal gift tax to the Federal estate tax involving the following three concepts:
There are five additional considerations prior to computing the Gift Tax:
1. Gift splitting.
2. Annual exclusion.
3. Gifts to minors.
4. Gift tax marital deduction.
5. Charitable deductions.
When elected on the federal gift tax return, a married donor, with written consent of the non-donor spouse, can elect to treat a gift to a third person as though each spouse had made half the gift. Splitting lowers total tax!
A. A married couple can give away $20,000 per donee, each year - no gift tax! If the spouses elect to split gift to third parties, all gifts during the reporting period (annually) must be split.
B. The couple must be married in order to split gifts. If legally divorced or if one spouse dies, no gifts are split. A gift tax return is required for any split gift even if the annual exclusion of $ 20,000 per donee is not exceeded.
C. Gift splitting, in community property states apply only to separate property (non community property).
Up to $ 10,000 of gifts to any number of persons each year can be made free of gift tax. The purpose is to avoid administrative problems of keeping track of numerous small gifts.
A. Applies only to present-interest gifts (possession and enjoyment begin immediately upon receipt of the gift). Present-interest gifts of $ 10,000 or less do not require a gift tax return and would not be included in the decedent's gross estate.
FNote: Premiums paid on life insurance owned by a trust and insurance given outright constitutes a present-interest gift. Life insurance transferred to a trust does not come under the exclusion, nor does a gift of closely held non-dividend-paying stock.
B. Education expenses (direct tuition costs, not room, board, books) and payments for direct medical care is allowed in an unlimited amount in addition to the $10,000 exclusion.
C. If there is a gift (transfer) within three years of death "with respect to a policy" (meaning life insurance), the full amount of the proceeds will be included. (Theory being this is the fair market value at date of death.)
D. The contribution to a spouse's IRA is considered a gift of a present interest. This contribution will qualify for the $10,000 annual gift tax exclusion!
E. Non-dividend-paying stock may not qualify for gift tax exclusion for two reasons:
1. Right to income is a future interest.
2. Value of income interest in property that is not income-producing at the time of the gift cannot be determined.
CONSUMER APPLICATION
Barry wants to help his son Gene buy a business. He has a life insurance policy with cash values that would provide the necessary funds. Barry transfers policy ownership to Gene, and Gene can then cash the policy, or borrow against the policy if he wants to keep it in force.
This would be considered as a present-interest gift, even though the death benefit is not payable until the death of Barry.
If Barry would give the policy to Gene and then die within 3 years of giving it to Gene, the proceeds would be taxed as a gift.
Conversely, Barry can co-sign with a bank, which would not be a taxable gift. Barry could also make Gene the primary beneficiary of the policy (his wife being beneficiary originally) so when he dies, Barry would have the funds to pay off the business. This would not be a gift of future interest.
Unqualified and unrestricted gift to a minor, with or without the appointment of a guardian, is a gift of present interest. This means that the gift does qualify for the $ 10,000 annual exclusion.
If the gift is made to a trust (to provide management and control), does the transfer still qualify as a present-interest gift?
Section 2503 of the Internal Revenue Code provides three ways of qualifying gifts to minors for the exclusion: Section 2503(B) Trust; Section 2503(C) Trusts; Uniform Gift to Minors Act Arrangement.
A. Section 2503(B) Trust: Gifts are made to a trust; the trust is required to distribute income annually to or for the use of the minor beneficiary.
1. Distribution of the trust assets (corpus) does not have to be made at age 21. The corpus may be held in trust for as long as the beneficiary lives of the corpus may pass the beneficiary and go to someone else. The trust agreement controls corpus disposition should a minor die before receiving the trust assets.
2. The gift placed in trust is divided into two parts for federal gift tax purposes:
a. Principal: Does not qualify for the $10,000 annual exclusion; this is not a present interest.
b. Income: The present value of the income to be paid will qualify for the annual exclusion.
3. Key points about a 2503(B) Trust:
reaches age 21.
b. Disadvantage: Annual distribution of income is required.
the minor reaches age 21. Income does not have to be distributed annually.
The tax court has stipulated that the following six items are essential elements of a bona fide gift: (There must be - )
-and-
Uniform Gifts to Minor Act (UGMA) states that during life an adult can make a gift of stock, a life insurance policy, endowment policy or an annuity contract, cash or other property to a minor. The adult becomes the custodian for the minor's property; smaller gifts are normally involved. The custodian has limited powers as defined by state statute. Custodial assets must be paid to the beneficiary upon reaching majority.
1. If a donee is not age 21 on the date of the transfer, no part of the gift is a gift of future interest where all three of these conditions are met.
A. Both the income and the property may be spent by the donee – or for the benefit of the donee - before donee attains age 21.
B. When the donee reaches age 21 any part of the property and property's income that has not been spent by/for the use of the donee will pass to the donee at that time.
C. If the donee dies before age 21, any part of the property and income not spent by or for the use of the donee will be payable to the estate of the donee or as the donee appoints under a general power of appointment.
2. Typically, the donor irrevocably transfers annuities, cash, securities or life insurance to a minor by registering the property in the name of a custodian designated by the donor.
A. The donor would not be the custodian!
Outright gifts of property are probably the most commonly used form of giving. People making an outright gift can make their gifts in money, personal property or real property.
To receive all the tax benefits that can result from a charitable gift, the gift must be made to an Internal Revenue Code qualified charity. To qualify, the charity must be public, semipublic, or a private foundation that has received special approval from the I.R.S. I.R.S. approval is generally given if the charity is a governmental agency; a religious, charitable, scientific, literary, or educational organization; or a war veterans or domestic fraternal organization.
A lifetime charitable gift has two distinct tax advantages. The first is that an income tax deduction is generated. The second is that assets, along with their future appreciation are removed from the value of an estate.
Normally, the income tax deduction that can be taken by the giver is limited to 50% of adjusted gross income. Adjusted gross income is not taxable income; it is all income less certain deductions. The income tax deduction is limited, however, to 30% of the adjusted gross income when the gift is made to semipublic or private charities. If one wishes to use the 50% limitation, then the total amount of the deduction is not allowed. The deduction is limited to the basis or cost of the property. This amount is then subject to the 50% limitation. Any excess cannot be carried forward.
CHAPTER 10 – STUDY QUESTIONS
1. When a person dies without leaving a valid Will, it is know as
A. dying intestate.
B. a writ of habeas corpus.
C. common disaster.
2. The most common document used to dispose of property is
A. the probate court.
B. to name the primary beneficiary in a life insurance policy.
C. a legal Will.
3. Generally, it is advisable to have professional help in Estate Planning. Along with an experienced and educated insurance agent, the client should engage the services of
A. a doctor.
B. a tax attorney.
C. an MBA (Master of Business Administration).
4. One of the main objectives of Estate Planning is
A. to maintain a standard of living.
B. tax evasion.
C. to satisfy the estate owner as to property distribution.
5. An estate owner can transfer property at death through
A. lifetime gifts.
B. a Will.
C. a living trust.
6. What are the two ways to solve a liquidity problem is estate planning
A. investing heavily in the stock market and purchasing futures.
B. minimizing the need for liquidity and the purchase of the proper amount and type of life insurance.
C. placing cash assets into Certificates of Deposit and purchasing as much real es-tate as possible.
7. If an insured makes an absolute assignment of a life insurance policy, a gift is made which is measurable by the
A. cash value of the policy less all premiums paid.
B. death benefit.
C. policy’s replacement cost.
8. One of the purposes of estate planning is to avoid the time and costs of probate court. The best way to do this is
A. have a Will.
B. have a trust.
C. have sufficient life insurance.
9. The Uniform Gifts to Minors Act (UGMA) states
A. an adult can make a gift of stock, life insurance, an annuity, cash or other proper-ty to a minor.
B. the value of the gift is limited to $10,000.
C. the property given to the minor cannot be used for the beneficiary until they reach the maturity.
10. What is the maximum amount that can be gifted, free from gift tax, by a married couple, each year, to an individual?
A. $10,000.
B. No limit.
C. $20,000.
ANSWERS TO CHAPTER TEN REVIEW QUESTIONS
1A 2C 3B 4C 5B 6B 7C 8C 9A 10C