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Leading Tools and Techniques to Avoid State Income Tax on Non-Grantor Trusts after Kaestner and Fielding



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In their exclusive LISI Webinar, Ed Morrow Jonathan Blattmachr and Martin Shenkman review a number of the leading tools and techniques that advisors can use to avoid state income tax of non-grantor trusts, particularly in the aftermath of the Kaestner and Fielding decisions. Among the many topics they will discuss are the following:

  • ?When does the most obvious solution of choosing trustees and situs of administration to a more favorable state work?  When doesn’t it? When might it?  Categorizing the states.
  • Kaestner, Fielding and the case law trend of enforcing Constitutional limitations on states to tax trusts – over what factors will the next battle be fought?
  • Hidden issues – when does the situs of trust protectors, distribution trustees/committees or investment trustees matter and how to avoid the issue?
  • Solutions used by some to avoid founder state statutes that probably don’t work
  • SLANTs and SALTy-SLATs – how can SLATs become non-grantor trusts?
  • Avoiding the Peppercorn of Source Income Problem and its likely importance beyond NY/NJ/ND, to other states grasping for nexus
  • Cleansing the Source Income Taint – Use of “Blocker” or “Mother/Daughter” trusts to parse income
  • Using beneficiary deemed owner trust (BDOT) provisions (or even QSSTs) to selectively shift source income to a beneficiary
  • Paying attention to source income differences of stock v. asset sales, S Corp v. partnership
  • Using INGs in conjunction with BDOTs/SLANTs – the best of all worlds?
  • S Corps and ESBTs – trapping the desired income in trust – why the partial BDOT rather than blocker/mother-daughter trust technique is preferred where source income may be present
  • Remembering state tax issues during the 2020 rush to use exclusion amounts – when may a conversion from our usual default of using a grantor trust to using a non-grantor trust make sense?


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