[WSBARP] Estate Tax Avoidance

Tue May 11 11:11:16 PDT 2021

I would hope that the stepped up basis only goes away for estates which 
are not taxed, such as surviving spouse, because that makes some logical 
sense.  Unless maybe the estate tax becomes taxable based on the basis 
rather than the DOD value.

But as a practical matter, doing away with stepped up basis would be an 
administrative nightmare.  How do you determine the basis of an asset 
when the person who bought the asset is dead and records are not 
available?  Determining the value on a certain date is much easier.

Kary L. Krismer
206 723-2148

On 5/11/2021 10:25 AM, Josh Grant wrote:
> and there is a good chance that the step up in basis is going away.  
> So we should see what happens and then yes do the CLE
> *Joshua F. Grant*
> advocates
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
> *From:* michael westseattleattorney.com
> *Sent:* Tuesday, May 11, 2021 7:39 AM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* Re: [WSBARP] Estate Tax Avoidance
> Hi: How about a CLE as this seems to come up a lot and with the 
> increases in equity and government trend to get it and reduce the tax 
> exemptions/deductions, we all could use a course on use of such things 
> as the A-B-C trusts, and other tools in this area. But I mean a good 
> focused CLE using examples , hypos, form provisions and why. Just an 
> idea ! Mike Atkins
>
> ------------------------------------------------------------------------
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> on behalf of John J. Sullivan, 
> Esq. <sullaw at comcast.net>
> *Sent:* Monday, May 10, 2021 9:41 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Estate Tax Avoidance
>
> Jim:
>
> Keep in mind that if you gift a capital asset while alive (real estate 
> or securities) the recipient does NOT get a step up in basis at death. 
> So gifting should ideally be of cash.
>
> John J. Sullivan
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *John J. Sullivan, Esq.
> *Sent:* Monday, May 10, 2021 9:38 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Estate Tax Avoidance
>
> Jim:
>
> If they are both citizens each enjoys a lifetime exemption this year 
> of $2.193M. So as long as you design their wills/RLT to not waste the 
> exemption of the first decedent you are almost home. Also, WA has no 
> gift tax, so the second decedent can gift near death.
>
> A TOD deed most certainly does not remove the real property from 
> either estate and could make it difficult to implement the common 
> “disclaimer trust” strategy for capturing the first decedent’s 
> lifetime exemption. Same with the financial assets. The gross estate 
> includes everything the decedent had control of at the moment of death.
>
> The $30,000 figure? I’m guessing you mean the $15,000 annual exclusion 
> for each of them to any one recipient from federal gift taxes. So they 
> can gift up to $30,000.00 to any one recipient together without filing 
> a gift tax return. But again, there is no WA gift tax.
>
> All they need is a standard plain vanilla disclaimer trust design that 
> QTIPs the credit shelter trust for federal purposes to secure a second 
> step up in basis. Every married couple plan should be able to shelter 
> up to $4,386,000 without doing anything fancy or aggressive. They’re 
> only $214,000.00 over the combined threshold. Consider having the 
> survivor make gifts as near as death as necessary to assure not 
> running out of funds.
>
> I’m coming to this late, so if anyone has already set this out, I 
> apologize for repeating.
>
> John J. Sullivan
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jim Doran
> *Sent:* Monday, May 10, 2021 12:45 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Estate Tax Avoidance
>
> Death and Taxes:
>
> Married clients are getting old.  They want to know what they can do 
> to shelter their assets from inheritance tax here in Washington.  They 
> have a home worth $600,000.00 and financial assets of roughly 
> $4,000,000.00.  When we do the calculations the inheritance tax would 
> be $301,050.00 upon the death of the second spouse if they do not 
> dispose of any of the assets. We need to shelter $2,407,000.00.
>
> I have two questions off the bat.  All this talk of Transfer on Death 
> Deeds makes me wonder if they do a TODD will that keep the real 
> property out of the "estate" for purposes of the estate tax?  The 
> second question is if they make specific beneficiaries for 
> $2,407,000.00 worth of their financial investments, will that keep 
> that amount out of the estate tax calculation?
>
> And I do know that as a married couple they can gift $30,000 per year 
> per person, but they don't want to do that for personal reasons.
>
> I am sure there are other ways to do this.  Any ideas that are not too 
> complicated would be appreciated.
>
> I appreciate it.
>
> Jim Doran
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506
>
> jim at doranlegal.com
>
> www.doranlegal.com <http://www.doranlegal.com>
>
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