Checklist of Planning Ideas for High Net Worth Taxpayers After 2010 Tax Act

Checklist – Post 2010 Tax Act: Estate Tax Reduction Considerations for High Net Worth Clients

With the $5 million unified gift, estate, and GST exclusion
amount, wealthy clients who face an estate tax, even with these generous
exclusions, should plan aggressively in 2011 and 2012 on the chance that 2013
will bring bad estate tax news. It will only be with hindsight, or a Ouija
Board, that practitioners will be able to determine whether the 2011 to 2012
planning opportunity was a waste of time, because the estate tax was repealed,
or the most significant opportunity in history to shift wealth. When the
relative pros/cons and costs/benefits are weighed, unmarried clients with
estates above $4-5 million, and married clients with estates above $8-10
million, should really plan aggressively. These net worth figures are merely
broad ranges that need to be evaluated for each client individually. In
many cases, the wealth levels at which planning should be aggressively pursued
may be lower than what many clients realize.

√ Use the increased gift exclusion to seed or
re-seed irrevocable grantor trusts. Structure and consummate large note sale
transactions taking advantage of discounts which remain viable, low market
interest rates, and being the process of shifting future appreciation out of
the client’s estate, while retaining the income tax obligation for trust
earnings to continue to burn off estate assets. This could prove to be the Mona
Lisa of estate planning.

√ GRATs are great for clients whose large exclusion
is inadequate to solve anticipated estate tax problems. GRATs will be
particularly useful for clients seeking to cap the value in their estate. For
these clients GRATs can shift appreciation on investment portfolios out of the
estate and generally serve as a break to prevent the growth of the estate above
the amount the client believes will pass estate tax free under the new
exclusion.

√ Insurance planning should be revisited, and
aggressive split-dollar plans with GRATs funding the unwinding of the plan, may
be an optimal step. Even some large valuable policies that clients could not
shift to irrevocable life insurance trusts in the past, may qualify to be
shifted now.

√ Qualified Personal Residence Trusts (“QPRTs”)
should be revisited for wealthy clients that had homes that were too valuable
to shift to QPRTS when the gift exclusion was only $1 million.

√ Gift planning should be reviewed and revised.

√ Estate planning documentation should be revised
to increase the likelihood that a future disability won’t impair the ability to
carry out the planning contemplated.