Learn the Strategies for Beating the Estate Tax


         Subscribe in NewsGator Online   Subscribe in Bloglines

The typical reader of this column (we'll call him Joe) who calls me for estate-planning help has two basic characteristics: First, he has been successful at accumulating wealth (almost always in a business that he started or was created by a family elder and passed to him). Second, he hates paying taxes. Joe usually is married (but not necessarily to his first wife), has kids, and about two-thirds of the time, one or more of his kids are in the business (Success Co.). Joe wants to sell Success Co. to his kids and slow down (rarely does Joe want to retire, but he would rather work less hours/days and spend more time with family, golf, travel or enjoy other non-business pleasures).

There is one more bittersweet fact. Joe's net worth increases almost every year (sweet), but so does his potential estate tax liability (which is bitter and a major concern). Joe wants and needs a comprehensive plan to eliminate or at least reduce the mushrooming estate tax burden. Unfortunately, Joe can't find a professional who knows how to create, implement and monitor such a plan.

This column is written for the Joes of the world who are struggling to find a way to deal with some or most of the above characteristics, facts or concerns.

A network of professionals and I have designed a system that always delivers 100% of your wealth to your family (or a portion to charity), instead of losing up to 55% (using 2011 tax rates) of your wealth to the IRS. Best of all, every one of the strategies used in the system is legal, easy to do when you know how and always works whether you are young or old, married or single, insurable or uninsurable.

The system revolves around three separate pillars — select time-tested appropriate “strategies” and accomplish your specific “goals” based on the “assets” you own.

Your job is to identify your specific goals, typically divided into three separate lists: goals for you and your wife; goals for your family; and goals for your business. Our job is to select the strategies (various trusts, partnerships and other techniques), write the documents and implement the plan. Of course, the plan must be monitored over the years and updated as necessary when required by changes in your family and/or business circumstances.

That leaves the assets, which really are personal financial statements. We divide your assets into four distinct categories: residence(s); business; funds in a qualified plan (i.e. 401(k), IRA or profit-sharing plan); and investments (real estate, stocks, bonds and an interest in other investments, usually managed by someone else).

Remember, your future income stream and potential cash flow also are assets and often, over time, your largest dollar amount, which continues to enrich not only you, but continues to increase your potential estate tax liability to the IRS.

Logic tells you that you must have two plans to legally beat up the IRS — a lifetime plan and a death plan (the typical will and trust most lawyers draw). The real don't-lose-your-wealth-to-the-IRS plan is always in the lifetime plan.

Your lifetime plan must be designed to utilize strategies that: freeze the value of your various assets (prevent your taxable estate from growing larger); discounts each asset (lowers the value for estate tax purposes, for example, a piece of income real estate worth $1 million would be transferred to a family limited partnership and the value of the real estate reduced to about $650,000 for tax purposes); gift assets (not necessarily cash, but non-spendable assets like an interest in a FLIP) to younger family members; and create tax-free wealth (usually with a life insurance program or a charitable lead trust if you and your spouse are not insurable) to pay any estate tax that could not be eliminated by the other strategies.

One final point — Joe almost always wants to stay in absolute control of his assets, particularly Success Co., for as long as he lives. It is easy to accomplish this control goal when implementing the strategies and creating the supporting documents.

Irv Blackman, CPA and lawyer, is a retired founding partner of Blackman Kallick Bartelstein LLP and chairman emeritus of the New Century Bank, both in Chicago. He can be reached at 847-674-5295, e-mail Blackman@EstateTaxSecrets.com, or on the Web at www.estatetaxsecrets.com.

Want to use this article? Click here for options!
© 2009 Penton Media Inc.

This Month's Products

Products

THIS AUTOMATED BACK-UP POWER SOURCE

couples with any HVAC unit or boiler to provide a continual supply of power so long as fuel supply (natural gas, propane or oil) is uninterrupted.

Everlite Hybrid Industries


Products

THE N-0751M-DVC CONCENTRIC VENTING HEATER

is an indoor-only tankless unit that delivers up to 9.8 GPM of hot water. It is easy to install with zero venting clearance. It uses the same heat exchanger found in the company's high-end commercial units.


Products

THE GT SERIES OF HORIZONTAL SPLIT-CASE PUMPS

includes six models with flow capacities between 5,800 to 17,500 GPM with heads up to 360'. The pumps have a standard operating pressure of 175 psig and can handle fluid temperatures up to 250°F (120°C).

Products

THIS HOSE BIBB LOCK

is designed to protect any standard ¾" outdoor faucet or hose spigot. As drought conditions have plagued dozens of states, water theft has become considerably more common.

Contractor Opinion Poll

Industry Resources

  • November 2008 cover
  • October 2008 cover
  • September 2008 cover
  • Aug 2008 cover
  • July 2008 cover
  • June 2008 cover
  • May 2008 cover

Browse Back Issues