Avatar

Tax Aspects of Decanting - Click to Listen to Bob's description



Watch Now!
Recording and Slides are Available Here


Decanting is the act of distributing the assets of an old trust to a new one with more favorable terms.  It provides an easy, inexpensive method of correcting errors or ambiguities, adapting a trust to changes in a settlor’s objectives or changes in a beneficiary’s circumstances, taking advantage of new planning opportunities or adding flexibility to a trust.

The TCJA greatly expanded decanting opportunities by doubling the gift and estate tax exemption(s).  For the next eight years we have a tremendous opportunity to help clients with a number of selective decanting opportunities including adding a GPA to obtain a step-up, decanting from a grantor to non-grantor trust, accelerating  grandchildren and future generations (under the law for four states), enhancing asset protection and more.

However, because trust decanting is a relatively new estate planning strategy, its tax consequences have not yet been clearly established.  This fast-paced course will cover some of the critical income tax, gift and estate tax, and GST tax issues including:

  • How the TCJA impacts decanting
  • Gain recognition by the transferor trust where the decant is from non-grantor trust to non-grantor trust, grantor trust to non-grantor trust and grantor trust to grantor trust
  • GST issues with grandfathered trusts, exempt trusts and nonexempt trusts
  • Whether a decanting distribution results in gain recognition by trust beneficiaries under IRC § 1001
  • Changing grantor trust status
  • Whether a distribution of property from one trust to another is treated as a distribution for purposes of IRC §§ 661 and 662
  • What impact does decanting have on the original trust's tax attributes?
  • Does a decanting power prevent a trust from qualifying as a QSST?
  • What are the "negative basis" implications?
  • Whether a beneficiary whose interests in a trust are reduced by decanting makes a taxable gift
  • Adding limited and general powers of appointment
  • Whether decanting results in gift tax for a trustee or a trust beneficiary
  • Whether a beneficiary whose interests in a trust are reduced by decanting makes an IRC § 2036 or § 2038 transfer
  • Changing distribution standards
  • Whether a GST grandfathered trust that receives decanted property loses its grandfathered trust status
  • Whether decanted property has the same GST inclusion ratio in the transferee trust that it had in the transferor trust
 

 



There will be no CE for this webinar


For those who have a conflict with the date/time, The session will be recorded. Simply register and you will have unlimited access to the recording.

Although they are scheduled for a particular time and date - once purchased - they can be viewed at ANY TIME!.

If you are not a LISI member please use the Buy Now Button below to pay the non-member price of $129.

Click to Listen to Bob's description"> Registrant Email:

After you pay you will be sent a link with the registration information. Your webinar registration is designed for one individual user and groups up to 5 individuals. Sharing beyond this is not permitted. If you are interested in group access to our webinar content, please send an email to lisiwebinars@gmail.com

If you have any questions, please contact webinaradmin@leimbergservices.com

NOTE: To pay using a credit card, use the botton labeled
"Pay with Debit or Credit Card" after clicking the Buy Now button below.

If you are a LISI member, please login below to receive the member price of $99 for this webinar.

Forgot Password?

To become a LISI member Click Here

Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils. He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession. Mr. Keebler is the past Editor-in-Chief of CCH's magazine, Journal of Retirement Planning, and a member of CCH's Financial and Estate Planning Advisory Board. His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration. Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals. In the past 20 years, he has received over 250 favorable private letter rulings including several key rulings of """"first impression."""" Mr. Keebler is nationally recognized as an expert in estate and retirement planning and works collaboratively with other experts on academic reviews and papers, and client matters. Mr. Keebler is the author of over 75 articles and columns and editor, author, or co-author of many books and treatises on wealth transfer and taxation, including the Warren, Gorham & Lamont of RIA treatise Esperti, Peterson and Keebler/Irrevocable Trusts: Analysis with Forms. Mr. Keebler is the Chair of the AICPA's Advanced Estate Planning Conference. He is a featured columnist for CCH's Taxes Magazine - """"Family Tax Planning Forum,"""" Bob is also a contributing author to the American Bar Association's The ABA Practical Guide to Estate Planning. Robert.Keebler@KeeblerandAssociates.com


Avatar Avatar

Paul Hood Ed Morrow

October 28, 2020 1:00PM ET - 2:30PM ET ET

A Planner's Cheat Sheet for Evaluating Estate Planning Tools & Techniques: Part 1 - A Special Re-Broadcast

More Info
Avatar Avatar

Alan Gassman and Brandon Ketron

October 28, 2020 3:00PM ET - 4:30PM ET ET

DYNAMIC AND CREATIVE STRATEGIES FOR 2020 YEAR END PLANNING

More Info
Avatar

Bob Keebler

October 29, 2020 1:00 PM ET - 2:30 PM ET

MANAGING CAPITAL GAINS IN 2020 AND BEYOND - A Special Re-Broadcast

More Info
Avatar Avatar

Bob Keebler Jonathan Blattmachr

October 29, 2020 3:00PM ET - 4:30PM ET ET

Income Taxation of IDGT Sales and Promissory Notes During Life and After Death - A Special Re-Broadcast

More Info
Avatar Avatar

Steve Gorin Steve Trytten

October 29, 2020 3:00PM ET - 4:30PM ET

Drafting under the SECURE Act – Expanded and Updated with Scenarios & Sample Language - A Special Re-Broadcast

More Info
Avatar

Bob Keebler

October 30, 2020 3PM 4:30 pm ET

NEW PPP LOANS: Phase 4 Coronavirus Package – A First Look

More Info
Avatar

Steve Gorin

October 30, 2020 11:00 AM ET - 12:30PM ET

Basis Step-Up Strategies in Light of Portability and Tax Law Changes Registration Includes INSTANT DELIVERY of “Structuring Ownership of Privately-Owned Businesses: Tax and Estate Planning Implications,” a 2500+ page PDF

More Info
Avatar Avatar

Ed Slott, CPA/AEP and Bob Keebler CPA/PFS, MST, AEP

October 30, 2020 1:00PM ET - 2:30PM ET

Year-End Income Tax and Estate Tax Planning for the Mass Affluent

More Info
Avatar Avatar

Eric Naison-Phillips Scott Bowman

November 5, 2020 3:00PM ET - 4:30PM ET ET

Investor Control & the Private Placement Life Insurance Market: Truths, Half-Truths and Falsehoods

More Info
Avatar Avatar

Paul Hood Ed Morrow

November 12, 2020 1:00PM ET - 2:30PM ET ET

The Intersection of Portability and Blended Families: No Man’s Land?

More Info
Avatar

Michael Geeraerts

November 13, 2020 3:00PM ET - 4:30PM ET ET

The Special Purpose Insurance LLC - What the Sophisticated Advisor Needs To Know!

More Info
Avatar

Rick Jaye

November 19, 2020 3:00PM ET - 4:30PM ET ET

ESOPs: What the Sophisticated Advisor Needs To Know

More Info
Avatar

Mark Merric

November 20, 2020 3:00PM ET - 4:30PM ET ET

Part 1: Mark Merric’s Asset Protection Trilogy

More Info
Avatar

Mark Merric

December 18, 2020 3:00PM ET - 4:30PM ET ET

Part 2: Mark Merric’s Asset Protection Trilogy

More Info
Avatar

Mark Merric

January 22, 2021 3:00PM ET - 4:30PM ET ET

Part 3: Mark Merric's Asset Protection Trilogy

More Info