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Evaluating the Sometimes Surprising Impact of Grantor Trusts on Competing Strategies to Transfer Wealth


Monday, March 30, 2009
Product Code - TMAU02
Speaker(s): Jerome M. Hesch
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Agenda

Since all commonly used transfer tax techniques use grantor trusts, the grantor’s payment of the income taxes on the trust’s income can have a far greater impact than valuation discounts and rates of return greater than the Code’s minimum rates. By analyzing the impact of grantor trust status on outright gifts in trust, GRATs, installment sales, private annuity sales, SCINs and CLATs, and sensitizing the tax advisor to factors often ignored, one can better choose the appropriate strategy for a particular client.

This webinar, recorded on March 30, 2009, focuses on the impact of Grantor Trust treatment on the menu of estate planning techniques and illustrates how complex tax planning techniques can be compared and contrasted simply and effectively.

Presentation Objectives:
The objectives of this 60-90 minute webinar include providing participants with a conceptual understanding and practical application of the following:
 
oShifting more wealth free of transfer taxes: grantor trust status vs. valuation discounts vs. estate freezes
oContinuation of grantor trust status in the long run
oTechniques
•Gifts to irrevocable trusts
•GRATs
•Installment sales to grantor trusts
•Private annuity sales to grantor trusts for healthy individuals
•SCIN sales to grantor trusts
•Charitable lead trusts
oIntervivos CLATS
oTestamentary CLATS
oWhat powers can be used to create a grantor CLAT
•The credit shelter trust for the benefit of the surviving spouse
Communicating Complex Tax Planning Techniques Simply
•A spreadsheet analysis
•Comparing the results of the alternative techniques
•Satisfying the five minute test


Upon completion of this program, participants will be able to:
• Choose the appropriate transfer wealth strategy for a client
• Understand and recognize competing transfer techniques
• Understand the impact of grantor trust status on outright gifts in trust, GRATs, installment sales, private annuity sales, SCINs and CLATs
• Communicate complex tax planning techniques to a client with the use of spreadsheet analysis

Speakers

Jerome M. Hesch

Jerome M. Hesch, Adjunct Professor of Law, University of Miami School of Law, Graduate Program in Estate Planning, Coral Gables, Florida

Jerome M. Hesch practices law in Miami, Florida and is a tax and estate planning consultant for lawyers throughout the country. He is a member of ACTEC, has published numerous articles, several Tax Management Portfolios, and co-authored a law school casebook on Federal Income Taxation, now in its third edition. Hesch has appeared for groups such as the AICPA, the University of Miami Heckerling Institute on Estate Planning, the University of Southern California Tax Institute and the New York University Institute on Federal Taxation. He has participated in several bar association projects, such as the Drafting Committee for the Florida Revised Uniform Partnership Act and preparing the ABA’s comments on the IRS’s proposed private annuity regulations. He received his BA and MBA degrees from the University of Michigan and a JD degree from the University of Buffalo Law School. He was with the Office of Chief Counsel, Internal Revenue Service, Washington, D.C. from 1970 to 1975, and was a full-time law professor from 1975 to 1994. He is currently an adjunct professor of law at the Florida International University and the University of Miami law schools.