BarbriSFCourseDetails

Course Details

This CLE/CPE course will guide trusts and estates counsel on leveraging spousal lifetime access trusts (SLATs) in estate planning under current tax law and in light of the sunset of TCJA. The panel will discuss critical issues concerning income, gift, estate, and GST taxes amid the sunset of the TCJA, including pitfalls to avoid. The webinar will explore SLAT basics, discuss how to design SLATs to incorporate flexibility to anticipate an ever-changing landscape, and review the best way to minimize tax liability and ensure multi-generational gifting and flexible long-term planning.

Faculty

Description

The current estate tax exemption is scheduled to sunset to pre-2017 levels at the end of 2025, creating uncertainty and challenges in designing estate plans. SLATs can capitalize on current federal and state estate exemption levels in case there is a shift in the current tax regime.

A SLAT is an irrevocable trust created by one spouse for the other's benefit by using the gift tax exemption to make a gift to the SLAT, naming the other spouse as the current beneficiary. Children and grandchildren may also be named as trust beneficiaries during the spouse's lifetime, but will certainly benefit after the beneficiary spouse's death. This allows limited access to the beneficiary spouse of the SLAT assets and offers flexibility for the family.

Trusts and estates counsel must have a clear understanding of critical tax issues that may arise. The estate and gift tax exemption allows SLATs to be a useful lifetime tax savings tool when structured correctly. It can apply to various liquid and illiquid assets, allowing them to flow to the next generation outside of the estate tax regime.

Listen as our panel discusses critical issues and pitfalls to avoid with income, gift, estate, and GST taxes when using SLATs. The panel will explore SLAT basics, discuss how to design SLATs to incorporate flexibility to anticipate an ever-changing landscape, and review the best way to minimize tax liability and ensure multi-generational gifting and flexible long-term planning.

Outline

  1. Impact of potential sunset of the TCJA on estate planning
  2. Considerations for the use of SLATs in estate planning
    • Access to trust assets
    • Choice of trustee
    • Impact of joint property
    • Building in substitution powers and flexibility
  3. Critical tax considerations under the current tax regime
    • Dual trusts (reciprocal trust doctrine)
    • SLATs as grantor trusts
    • Divorce
    • Other tax issues
  4. Other alternative methods for multi-generational gifting and long-term planning

Benefits

The panel will review these and other key issues:

  • What are the critical considerations for the use of SLATs in estate planning in light of potential sunset of the TCJA?
  • How can you incorporate flexibility and options into your SLATs, and what are the pitfalls to avoid?
  • What tax issues arise in the use of SLATs under current tax law?
  • How does a divorce impact SLATs?
  • What are other methods available for multi-generational gifting and long-term planning?