Dedicating retirement plan assets to charities is one way to avoid confiscatory income and estate taxes, when these assets are not needed for other purposes
Article Abstract:
Dedicating retirement plan assets to charity can be a way of avoiding potentially confiscatory estate taxes. Retirement plan assets present at death can be subject to both the federal and state estate tax as well as the local income tax, sometimes equalling 85% of the assets. An estate can, however, avoid both of these taxes by qualifying for the state and federal charitable deduction. A charity should not be the sole beneficiary of retirement plan assets if there is a need to pass money on to a noncharitable beneficiary such as a spouse. QTIP trusts and charitable remainder trusts can be designed so as to give income to such beneficiaries.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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A well-designed umbrella trust can defer taxes; umbrella partnership real estate investment trusts can facilitate property acquisition
Article Abstract:
Most of the real estate investment trusts (REITs) formed during the upsurge in investment of 1993 and 1994 were umbrella partnership REITs (UPREITs). This means that a partnership owned the enterprise's properties, and the publicly traded REIT was the general partner. Holders of REIT shares and partnership units occupied the same economic position. Unit holders had certain rights, if they desired the liquidity, to convert their units to REIT shares and sell them in the public marketplace. The mechanics of the UPREIT are detailed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Hikes may spur use of trusts; GRITS et al
Article Abstract:
Retained-interest trusts are a way of lessening the gift tax impact of a transfer of asset appreciation and perhaps future income between family members. This happens because the gift tax is only levied on the actuarial value of the trust assets passing to the remaindermen. With proper planning, part of the trust assets can pass to the remaindermen and not be subject to federal estate tax when the grantor dies. The three varieties are grantor-retained income trusts, grantor-retained annuity trusts and grantor-retained unitrusts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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