Explore the gift tax implications for trust beneficiaries modifying grantor trusts in IRS CCA 202352018, with nuanced analysis and estate planning insights.
IRS / Tax Guidance PODCASTS
Understand IRS guidance and impacts of new tax laws from the trust and estate experts at The American College of Trust and Estate Counsel.
Podcast Topics
- ACTEC Capital Letters
- ACTEC Guidance & Comments
- Art & Alternative Assets
- Business Planning
- Charitable Planning
- Diversity, Equity & Inclusivity
- Family Law
- General Estate Planning
- International T&E
- IRS/ Tax Guidance
- Pandemic Related Issues
- T&E Administration
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- Technology Recommendations
- Uniform Law, Multi-State Issues & Laws
The Latest IRS / Tax Guidance Podcast
The New Normal for Charitable Tax Planning
Exploring crucial aspects of charitable tax planning: contemporaneous written acknowledgments, qualified appraisals, and anticipatory assignment of income.
Tips for Preparing a Federal Estate Tax Return
An estate expert offers tips to professionals preparing a Federal Estate Tax Return, form 706, such as adjustable taxable gifts, real property, and more.
A Trustee’s Duty to Minimize State Income Tax
Navigating a trustee’s duty to minimize state income taxes entails legal, practical, and moral considerations, ensuring fiduciary obligations are met.
The Opportunity Zones Transparency, Extension, and Improvement Act
An overview of the Opportunity Zones Transparency Extension and Improvement Act, bipartisan legislation (HR 5761) in the U.S. House of Representatives.
The Hoensheid Case and the Assignment of Business Income for a Sale
A review of the Tax Court’s decision In the Hoensheild case on how a business’s income assignment may be treated during the sale of a company and legal nuances.
Surprising Tax on Distributions From a Partnership
Explanation of the Tax Court’s ruling in Clark Raymond & Co. v. Comm’r and their book of business distributions after the termination of a partnership.
The IRS is Here to Help: How Does That Happen?
T&E experts offer recommendations regarding IRS guidance: Private Letter Rulings (PLRs), Technical Advice Memorandums (TAMs), and Chief Counsel Advice (CCAs).
The Dangers of Deferring Estate Tax
Explore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts.
Impact of the Connelly v. United States Decision
An estate planning attorney discusses the implications of Connelly v. US, buy-sell agreement, valuation of life insurance proceeds, Section 2703, and more.
A New Decision on Adequate Disclosure of Gifts
Understand the taxpayer victory and tax court decision in Schlapfer v. Comm’r that strict compliance with adequate disclosure regulations may not be necessary.
Tips for Winding Up Charitable Entities
What happens to charities upon the death of a founder, or is deemed a risk by those in control? Estate planners share tips for winding down charitable entities.
SECURE Act 2.0 and Charitable Remainder Trusts
A legal scholar explains a new law allowing IRA owners to transfer up to $50,000 directly to a charitable gift annuity or Charitable Remainder Trust.
QSBS Planning and Potential Pitfalls
A legal expert in QSBS, Qualified Small Business Stock, explains the planning opportunities, what advisors need to know, redemption, and adding it to an estate.
Recent IRS Challenges to Grantor Retained Annuity Trusts (GRAT)
An overview of two recent IRS cases regarding Granter Retained Annuity Trusts, GRAT, the significance of the cases for estate planners and the IRS rulings.
Non-Grantor Irrevocable Complex Discretionary Spendthrift Trusts
Don’t get fooled by non-grantor irrevocable complex discretionary trust scams. An expert explains warns about questionable trust structures marketed online.
Considerations for U.S. Owners of Canadian Real Property
Guidance for Americans purchasing real property in Canada, including tax traps, LLC and personal ownership considerations, non-resident prohibitions and more.
U.S. Tax Considerations When Buying Property Abroad
Expert guidance and best practices for estate and wealth advisors on tax planning for clients with real or vacation property in a foreign country or abroad.
Summary of Hot Trust & Estate Topics from 2022 and Early 2023
Estate planning experts review recent T&E cases, IRS rulings, SECURE Act 2.0, DAF and CRT cautions, and other recent developments impacting estate planners.
Supreme Court Rules on Bittner v. United States
Supreme Court ruling in Bittner v. United States, with input from ACTEC’s amicus brief, regarding the Bank Secrecy Act and Foreign Bank Account Reporting.
Relief for S Corporation Mishaps
Expert tax advice on the relief provided in IRS Revenue Rulings for S Corporation to address mistakes and mess-ups in tax filing or ownership restrictions.
The Separate Shares Rules and Their Nuances
An explanation of how and when separate share rules and the nuances involved with Income in Respect to the Decedent, IRD, and S Corporation stock.
Income Taxation of Joint Revocable Trusts
An estate expert explains the options and complexity for the surviving spouse in a joint revocable trust following the death of the other spouse.
Witness Depositions of Valuation Experts
An expert shares best practices for T&E attorneys when preparing for a valuation, taking the deposition, and defending the witness.
Corporate Transparency: US Joins the Rest of The World
Update on Corporate Transparency Act final regulations: experts explain requirements by the reporting company, beneficial owner, and applicants.
Considerations in the Possible Liquidation of a Closely Held Entity and Other Alternatives (Pt. 4 of 4)
The final part of the Closely Held Entities series explores potential liquidation, including audit, valuation and tax issues, and where it may make sense not to liquidate.
The Administration of a Closely Held Entity (Pt. 3 of 4)
In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those entities.
Formation of a Closely Held Entity (Part 2 of 4)
With part 2 of the Closely Held Entities, ACTEC’s trust and estate experts dig a bit deeper into issues of the formation of LLCs and limited partnerships.
An Illuminating Look at Closely Held Entities: Series Overview (Pt. 1 of 4)
Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation.
Top 10 Recommendations for Planning Retirement Benefits under the SECURE Act
Planning for retirement benefits under the SECURE Act is complicated. Hear the top ten recommendations from a trust and estate expert when planning distributions.
ACTEC’s Comments on Section 2053 – Proposed Estate Tax Regulations
ACTEC comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.
The Corporate Transparency Act: The Clock Has Started
Learn what estate planners need to know about reporting requirements of the Corporate Transparency Act from FinCEN’s final rules issued on September 29, 2022.
When to Pursue a Trust Reformation Action, Thoughts in a UTC State
Understand ways to amend an irrevocable trust under the Uniform Trust Code (UTC), including a decanting transaction from a trust and estate expert.
IRS Proposes Mortality Assumptions Update for Section 7520
Updated IRS mortality assumptions have arrived. An overview of the updated tables, how the numbers work, and actions to consider before regulations become final.
Paying and Reducing Estate Tax with a Graegin Loan
What is a Graegin loan? Learn how to use a Graegin loan to pay for and reduce estate tax when interest rates are high, and how to avoid Graegin loan missteps.
Estate Planning Opportunities in a Time of Rising Interest Rates
A trust and estate expert shares insights on opportunities available for planners and their clients during the current rising interest rate environment.
Navigating the Choppy Waters of Cross-Border Estate Administration
One will or two? The impacts of forced heirship on assets in civil law jurisdictions and benefits of EU Succession Regulation in cross-border estate planning.
The Accidental Private Foundation – Non-Exempt Charitable Trusts Under Section 4947
Trusts used for exclusively charitable purposes may be subject to the Private Foundation Rules. Understand how to avoid the tax consequences of IRS section 4947.
California Tax Trap and Residency for Trusts
Words of caution for trust fiduciaries, beneficiaries and residents; CA has liberal definitions of who is considered a resident and subjected to tax on trusts.
Understanding Rights of Publicity or Name, Image, Likeness (NIL)
An overview of publicity rights, property rights, name, image, likeness (NIL) and how they differ by states.
Estate Planning for Principals of Private Equity and Hedge Funds
Recommendations for what principals of investment strategies and what to keep in mind regarding carried interest of private equity and hedge funds.
The SECURE Act and Retirement Account Planning Opportunities
A T&E expert offers an overview of the SECURE Act and what has changed once enacted with retirement account planning and trust beneficiaries.
A Discussion of Chief Counsel Advice 202152018 and its Effect on the Administration of GRATs
Trust and estates experts discuss recent IRS Chief Counsel Advice’s impact on difficult to value assets in Grantor Retained Annuity Trusts (GRAT).
The Mysteries and Misunderstandings Related to Code Section 678
A trust and estate expert explains the complexities and ins and outs of IRS Code Section 678, beneficiary defective inheritor trusts BDITs, and beneficiary deemed owner trusts BDOTs.
Closely Held Business, Tiered Entities and Proposed Revisions to Section 6166
ACTEC proposes a major update to a 40-year-old IRS Code 6166 that provides estate tax deferral for family businesses but has aged poorly.
Exempt Status of Retirement Plan Distributions
Florida lawyers discuss strategies for preserving inherited retirement plan assets and address uncertainties related to state laws and the SECURE Act.
Lessons From the Tax Court Decision in the Estate of Michael Jackson
Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.
Modernizing Section 6166
“Modernizing Section 6166,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Stacy Singer, an ACTEC Fellow from Chicago. ACTEC’s Tax Policy Study Committee has submitted to Congress a proposal regarding revision to Internal...
Taxes Emerging in Europe to Pay the Cost of COVID
“Taxes Emerging in Europe to Pay the Costs of COVID,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Doug Stanley, ACTEC Fellow from St. Louis, Missouri. During the COVID pandemic in many jurisdictions in Europe, there had...
An Update of Qualified Opportunity Funds and Zones
Summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.
Defined Value Purchase Agreements
Advice to help your business clients transfer their business interests using a defined purchase agreement.
The Senate Went Blue, What Should Estate Planners Do?
Leaders in the T&E field offer estate planning tips for 2021, insight into possible changes to the tax code and options for tax planning.
Charitable Giving: Remembering the Basics
This podcast offers a reminder of charitable giving basics, what to pay attention to, and takeaways from 2020 Tax Court cases on the topic.
Treasury and IRS’s Priority Guidance Plan
A recap of the Treasury Department and IRS’s Priority Guidance Plan for the 12 months from July 2020 through June 2021.
ERISA, Qualified Plans and Divorce
An explanation of beneficiary designations and income tax consequences related to ERISA and qualified plans during divorce.
ACTEC Comments on Treasury’s Proposed Regulations Under Section 1061
An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061.
Potential Anti-Abuse Rules and a Client’s Remaining Gift Tax Exemption
Learn about the risks of using gift and estate tax exemption that could impact the use of the remaining gift and estate tax exemption.
Enforcement of Charitable Donation Restrictions
An explanation of what donors need to consider when making a charitable donation to a nonprofit? What restrictions need to be thought through?
Charitable Endowment Fund Restrictions on Borrowing
A review of the dangers of borrowing from a charitable endowment fund during the 2020 pandemic and financial crisis.
Trusts for Disabled and Chronically Ill Beneficiaries under the SECURE Act | Special Needs Trust
An explanation of how the SECURE Act impacts special needs trusts, AMBTs, and disabled and chronically ill beneficiaries from experts in the subject.
Pending Transfer Tax Legislation in an Election Year
Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.
Ancillary Estate Planning Documents in the Pandemic
Reviewing and creating estate planning documents – POA, medical directives and living wills during the COVID-19 pandemic.
Estate Planning Strategies in the Pandemic
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
Grantor Trusts: Tax Returns, Reporting Requirements and Options
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts.
Naming Foreign Persons in Your Estate Planning Documents
Information for estate planners when a will or trust includes a beneficiary who resides abroad including residents of Israel and the UK.
Tax Tips and Traps Related to Foreign Gifts
An explanation of how gifts from non-US persons can pass completely free of US gift tax if they are done correctly.
Utilization of Section 7872
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
The Uses and Abuses of Charitable LLCs
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
Drafting Charitable Gift Agreements
A discussion of charitable gift agreements and the necessary preparation for negotiating and drafting an agreement to protect the client.
Lending and Estate Planning
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
Charitable Planning and the SECURE Act – SECURE Act Special
Understanding the pitfalls and tax traps when donating from an IRA to a charity under the SECURE Act. An explanation of how Charitable Remainder Trusts (CRTs) and charitable giving has changed.
Planning for Disabled or Chronically-Ill Beneficiaries Under the SECURE Act
The new SECURE Act provides tailored treatment for special needs and disabled beneficiaries. Learn how the SECURE Act impacts these special beneficiary categories.
Designing and Drafting Trusts in Light of the SECURE Act
Conduit and accumulation trusts have changed under the SECURE Act. Learn how to mix and match under the new law.
Planning for Common Scenarios Under the SECURE Act
Understanding the SECURE Act’s impact on common estate planning issues such as naming surviving spouses and adult children as beneficiaries.
Updating Existing Estate Plans Under the SECURE Act
Recommendations for trust and estate attorneys as to what to discuss with clients and next steps following the SECURE Act.
Looking Back at Our Most Popular Podcasts | 100th Special
Balancing independence of retirees, the SECURE Act and other 2020 estate planning hot topics are discussed in this special 100th ACTEC Trust and Estate Talk podcast.
Alternative Investments: An Investment Dream – A Planning Nightmare
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
What Estate Planners Need to Know About Social Security, Medicare, and the Self-Employment Tax
Social Security and Medicare, the federal and state income taxation of Social Security, the ability of dependents to receive those benefits, self-employment tax and more in this podcast.
Intrafamily Business Sales and Loans
What to keep in mind when dealing with intrafamily business transactions, sales, and loans to avoid the scrutiny they receive from the IRS and the courts.
Business Entity Income Tax: Regulatory Rigidity Versus Flexibility
An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.
S Corporation Death Traps
What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.
Levitan v. Rosen Case
Are trusts considered marital property? A review of the Levitan v. Rosen and Pfannenstiehl v. Pfannenstiehl cases offer considerations when drafting of marital property provisions in trust documents.
The Life Insurance Transfer for Value Rule After the 2017 Tax Reform Act
What is the Life Insurance Transfer for Value Rule and how has it been changed following the Tax Reform Act? An expert on the topic explains what you need to know.
Self-Settled Spendthrift Trusts
Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.
Deemed Realization of Gains on Gratuitous Transfers
A review of ACTEC’s report provided to the US government on proposals to tax the deemed realization of gain on gratuitous transfers of appreciated property.
The SECURE Act
Understand the impacts of the SECURE Act and how it may affect non-spouse beneficiaries of retirement accounts.
The Impact of Tax Reform on Trusts After Divorce
The Tax Cut and Jobs Act had an enormous impact on existing trusts after divorce. Understand the impact and learn about ACTEC’s comments to the government and solutions to consider.
An Introduction to Charitable Pledges
How do charitable pledges work for both the donor and charity? Learn the basics in this podcast from trust and estate experts.
An Introduction to Individual Donor Advised Funds | DAF
An introduction to Individual Donor Advised Funds, the rules and advantages when compared to a private foundation.
Deferred and Flexible Charitable Gift Annuities
Understand how Charitable Gift Annuities, CGA, can be structured with predictable and/or flexible payment streams.
Charitable Gift Annuities
A Charitable Gift Annuity is a simple and cost effective estate planning tool that benefits charities and donors during their lifetime. Learn more from an expert on the subject.
A Primer on Charitable Lead Trusts
An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert.
Charitable Remainder Trusts (CRT)
Overview of Charitable Remainder Trusts, CRT, including CRAT, CRUT, Split-Interest Trusts and answers to frequently asked questions on the topic.
An Introduction to Private Foundation Excise Taxes
Complying with regulatory restrictions of private foundations can be confusing. Understand the issues that may arise and how to avoid excise taxes from an expert on the subject.
A Primer on Private Foundations
A primer on creating a charitable private foundation, federal tax rules, state laws and required corporate documents.
An Introduction to Individual Charitable Deductions
What you need to know regarding income tax charitable deductions for individuals following the 2017 Tax Cuts and Job Act from an estate planning expert.
Basic Charitable Giving
Overview of the fundamentals of basic charitable giving including income tax, the estate and gift tax, and donating to a foreign charity.
North Carolina v. Kaestner: The Recent US Supreme Court Case on State Fiduciary Income Tax
Understand the effect on trusts and how to minimize state income tax following the Supreme Court’s decision in North Carolina v. Kaestner.
The US-Japan Estate, Inheritance and Gift Tax Treaty
Trust and estate expert explain the importance of the US-Japan Estate, Inheritance and Gift Tax Treaty and how it works.
The Future is Here: Dealing with Bitcoins and Cryptocurrencies in Tax and Estate Planning
There are over 2,000 cryptocurrencies! Experts explain what fiduciaries and trust and estate practitioners need to know.
Introducing a Business Consultant to a Client Family
First, we want to tell everybody what we mean by consultant. We are really focusing on individuals who help on the soft side, the personal side.