estate planning. three questions you probably want answered: how much tax will i owe? when do i pay...

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ESTATE PLANNING

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Page 1: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

ESTATE PLANNING

Page 2: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Three questions you probably want answered: How much tax will I owe?

When do I pay the tax?

How do I pay the tax?

Page 3: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

HOW MUCH TAX WILL I OWE?

Page 4: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How Much Tax Will I Owe?

How much estate tax you will owe depends on: the value of your estate, the use of exemptions from federal estate and

TN inheritance taxes, the use of gifting and charitable techniques, the use of other techniques your tax rate

Page 5: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

The Value of Your Estate

Page 6: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

The Value of Your Estate The estate tax is applied to the value of property you own at

your death

What is property? ANYTHING YOU OWN AT YOUR DEATH

Tangible vs intangible property

Jointly owned property

Beneficiary Designation: 401ks, IRAs, Annuities

Life insurance

Trust property: Revocable vs irrevocable

Page 7: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Estate Tax Exemptions

Page 8: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Estate Tax Exemptions

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011$0.0

$0.5

$1.0

$1.5

$2.0

$2.5

$3.0

$3.5

Page 9: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Federal Estate Tax Exemption: Federal Estate Tax Exemption for 2008:

Each individual has the equivalent of a $2,000,000 exemption from federal estate taxes; $1,000,000 begins 2011

“Use it or lose it”

Unlimited Marital Deduction:

You can leave any amount to a spouse at your death and there will be no tax: however, surviving spouse pays tax at his / her death

Page 10: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Tennessee Inheritance Tax

$1,000,000 (use it or lose it) Unlimited marital deduction Remember there is a difference in the

Federal and TN exemption amounts: $2,000,000 in 2008, 3,500,000 in 2009, Zero in 2010 then back to $1,000,000 in 2011 Difference in 2008-2010 necessitates planning so

that no taxes are paid on the first death

Page 11: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How to Fund The Exemption

You must have assets in your name

Jointly owned assets

Beneficiary designated assets

Page 12: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How Much Tax Will I Owe?

Value estate

Use the exemptions

Apply the tax rates

Page 13: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Federal Estate Tax Rates

0%

10%

20%

30%

40%

50%

60%

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Notice rate goes to 45% in 2009, no tax in 2010, then back to 55% in 2011

Page 14: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

A look at how much estate tax a family might owe: Mr. and Mrs. Smith are worth $5

million Sweetheart wills Three children, and five

grandchildren. The Smith’s own $2,000,000

business, $2,000,000 land and $1 million IRA.

Mr. Smith also has a $1 million life insurance policy

Mr. Smith dies in 2015 and Mrs. Smith dies in 2016

Page 15: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Federal Estate Planning Diagram$5 Million Estate Plus $1 Million Life Insurance

Mr. Smith had a $1 million exemption in 2015 but did not use the exemption because he left everything to his wife

When Mrs. Smith dies in December 2011, she has a $1 million exemption

IRS’s portion -about$2,700,000

Heirs portion-about $3,300,000

These numbers are approximations only, and are used to illustrate how the estate tax works.

$5,000,000 $1,000,000 life$6,000,000$1,000,000 exemption$5,000,000 tax rate X

$2,700,000 Tax Liability

Page 16: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

What Can The Smiths Do?

Use both of the Smith’s exemptions

Give it away:

To Family Members

To Charitable Organization(s)

Life Insurance Trust

Page 17: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Use Both of the Exemptions Each had a $ 1 million exemption but only one was used.

Use the exemption by:

Bequeath amount equal to exemption: The first to die leaves the children and/or grandchildren, $ 1 million in some type of asset.

Trust amount equal to exemption: The first to die leaving an amount equal to the exemption in trust for the surviving spouse and children.

Page 18: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Exemption Amount in Trust

Trust benefits: Protect against divorce, Protect against creditors, Protect and provide for financially

inexperienced, Provide for disabled, handicapped, Many trusts are for the lifetime of a

beneficiary

Page 19: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Trust Example: Exemption in Trust

Trust Trust

Husband Dies First

$1,000,000

Wife Wife still has her exemptionto use at her death

Page 20: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Estate Planning Using Exemptions$5,000,000 Estate plus life insurance

These numbers are approximations only, and are used to illustrate how the estate tax works.

New Plan Old Plan$6,000,000 $6,000,000$2,000,000 $1,000,000$4,000,000 $5,000,000$2,330,000 $2,700,000$1,670,000 $2,250,000

Heirs receive $3,670,000 $3,300,000IRS receives $2,330,000 $2,700,000

Exemptions

Tax

Page 21: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

WHAT ELSE CAN WE DO?

Page 22: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Use of Gifting Techniques

Giving to Family Members Giving to Charity Giving to a Life Insurance Trust

Page 23: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Federal Gift Tax

Annual Exclusion: Each individual can give up to $12,000 per person each year ( husband and wife can give $24,000 per person each year: for example, gift by married couple to daughter and son-in-law = $48,000 )

Lifetime Exemption: $1,000,000 lifetime exemption once lifetime exemption used gift tax applies of up to 45%

Unlimited Marital Deduction

Page 24: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Tennessee Gift Tax

Each individual can give up to $12,000 to any direct relative per year or

5,000 to the first person and 3,000 to any other person per year

Page 25: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Giving To Family Members

You can give $12,000 annually to children and grandchildren free of gift taxes each year (Federal and TN) spouse can also give away $12,000 Smiths have 3 children and 5 grandchildren could transfer $192,000 tax free each year In the seven years prior to their deaths, the

Smiths could have given away $1,344,000 Advantage: Giving away asset plus appreciation

Page 26: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How Can I Leverage More Into The Gift Amounts? Transfer the real estate (except home) and

investments to a Family Limited Partnership or LLC,

Receive back both control and noncontrol interests for example, 1% control and 99% noncontrol interests,

Give children and grandchildren noncontrol interests,

Value the partnership or LLC and receive discounts

Page 27: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How Can I Leverage More into the Gifts: Con’t

After assets are transferred to Family Limited Partnership receive discounts on value for: Lack of marketability Lack of control

Typical discount might be 30%

Example: If the Smiths put their 2 million dollar business and 2 million of land in a limited partnership, transferred the noncontrolling interest to their children and grandchildren, and received a 30% discount, the value for estate tax purposes would now be 2,800,000 rather than 4,000,000. ( 4,000,000 x 30% = 1,200,000 discount)

Biggest mistake: Failure to actually give the partnership interests away.

Page 28: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Gift of Limited Partnership Interests$5,000,000 Estate plus life insurance

These numbers are approximations only, and are used to illustrate how the estate tax works.

New Plan Old Plan$6,000,000 $6,000,000$2,000,000 $1,000,000$4,000,000 $5,000,000$1,200,000$2,800,000$1,600,000 $2,700,000$1,200,000

Heirs receive $4,400,000 $3,200,000IRS receives $1,600,000 $2,700,000

Exemptions

Partnership Discount

Tax

Page 29: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Giving To Charities

Page 30: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Giving To Charities

100% deduction from estate taxes Retirement plan assets have not been taxed

and will be subject to income tax as well as estate tax

No income or estate taxes on IRA or 401k if given to charity at your death

Page 31: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Twist on Gift to Charity

Bequest to Private Foundation Family members may be on board and

receive reasonable compensation Teach younger generation decisionmaking,

finances (budget and investing) Leave a legacy of values

Page 32: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Life Insurance Trusts

Page 33: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Life Insurance Trust

Life Insurance Trust

Life premiums

Insured gives amount of premiums to trust; this amount is considered a gift to the beneficiaries

Trust buys life insurance

Life insurance is not inside estate

Page 34: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Gift Life Insurance To Trust$5,000,000 Estate plus life insurance

These numbers are approximations only, and are used to illustrate how the estate tax works.

New Plan Old Plan$6,000,000 $6,000,000$2,000,000 $1,000,000$4,000,000 $5,000,000$1,200,000$2,800,000$1,000,000$1,260,000$1,000,000$ 260,000

Heirs receive $4, 450,000 $3,300,000IRS receives $ 550,000 $2,700,000

Exemptions

Partnership Discount

Gift to University, Church

Life Insurance Trust

Page 35: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

When Do I Pay The Taxes?

If taxes are due, they must be paid 9 months following date of death

Estate tax returns are due at that time. Extensions may be filed but tax is still due.

Page 36: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

How Do I Pay the Estate Taxes? Use cash

use up all estate liquidity use 100 cent dollars

Sell assets at death may be bad market use 100 to 150 cent dollars

Borrow lender may not be willing use 200 cent dollars

Insured approach pennies on the dollar

Page 37: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Financial Planning Steps

Estate planning is one step in the financial planning process that encompasses almost every aspect of your financial picture

Focus should be on an integrated approach to planning for transfer of wealth and/or the support of your family in the case of untimely death

Use the checklist to identify and record completed items

Identify gaps in your plan Prioritize and take action

Page 38: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Identify Advisory Team Members

Page 39: ESTATE PLANNING. Three questions you probably want answered: How much tax will I owe? When do I pay the tax? How do I pay the tax?

Thank you for your time. It was a pleasure to speak with you today.

Marguerite Self Elkins, CFP®, J.D., LL.M

Securities and Investment Advisory Services offered through Woodbury Financial Services, In. Member FINRA, SIPC and Registered Investment Advisor. P.O. Box 64284, St. Paul, MN 55164 800-800-2000. CrossBridge Capital Advisors and Woodbury Financial Services, Inc. are not affiliated entities.