Posts Tagged ‘estate taxes’

“Cut Your Tax in 2010 isn’t about cheating the system,”

Wednesday, February 17th, 2010

“Cut Your Tax in 2010 isn’t about cheating the system,” explains Perrelli. “It’s about avoiding mistakes on big taxes like estate and capital gains. Legacies are being lost by the second or third generation for no good reason.”

Cut Your Tax in 2010 covers how:

•Personal and business assets can be protected in four smart steps.
•Capital gains taxes can ruin a family’s legacy.
•An estate plan can save your family more than taxes.
“Those working towards retirement have the most to gain with these insights,” explains Hedeker. “The book offers a way to start a dialogue between your own parents, spouse, and children — so that you can begin to work together to secure your family’s financial future.”

The book tackles the current estate tax debacle in Congress as a major hot button for 2010. Hedeker and Perrelli point out that those with a decent amount of assets built up need to understand that:

•The estate tax is currently scheduled to reappear in 2011, at only a $1 million exemption.
•Estates that escape a federal estate tax in 2010 may cause inheritors other tax headaches, particularly in capital gains taxes.
•Most states have their own estate or inheritance taxes. Illinois’ estate tax kicks in at $2 million and that won’t be changing anytime soon.
“People thought that no estate tax in 2010 would make this the ‘year to die,’” says Perrelli. “But it can be a nightmare because estates less than $3.5 million are now subjected to capital gains taxes instead.”

Cut Your Tax in 2010 is available at Amazon.com and other major booksellers. For more information about Cut Your Tax in 2010, visit www.cutyourtaxbook.com.

Nationally-renowned estate and tax planning attorneys Dean R. Hedeker and Anthony R. Perrelli are partners at the law firm of Hedeker & Perrelli, Ltd., in suburban northeast Chicago. Hedeker is also a CPA, Registered Financial Consultant, and Fellow of the American Academy of Estate Planning Attorneys (AAEPA). He has co-authored three additional books on estate planning. Perrelli has an MBA and is also a member of the AAEPA. He has been a featured source for Money Magazine, WGN News, and WLS/Chicago. Learn more about Dean Hedeker and Anthony Perrelli at www.cutyourtaxbook.com.

Read more: http://www.earthtimes.org/articles/show/new-book-by-chicago-tax,1166332.shtml#ixzz0fpdARXUN

Five Steps for Handling Inheritance

Wednesday, October 14th, 2009

Of all the money that may pass through your hands during your lifetime, none is more emotion-laden than an inheritance. After all, you got it because somebody died. If the inheritance was unexpected, or large compared to your lifestyle, before you spend it, evaluate your situation:

Figure out exactly what you have and what you’ve owed.
Typically, you don’t just receive a check from the administrator of the estate; you get bits and pieces of different investments. Usually, you get a “stepped-up basis,” meaning that the cost-basis of the assets are determined as of the date of death. So even if your father bought stock in IBM when it was $5 a share, if it was worth $125 a share when he died, and after multiple stock splits, your cost basis is $125. If you sell the stock at $130 a share, your capital gain is only $5. You also won’t necessarily get all of the assets at the same time. Getting bits and pieces of your inheritance at different times is confusing, and it makes figuring out what you have all the more difficult. But you must know how much your inheritance is, how it is invested and what the cost basis is to make good decisions.
Make a list of your short-term and long-term goals.

Assign dollar amounts to each goal and then compare your inheritance with how much you’ll need to meet your goals. When you inherit money, it is very tempting to spend it on short-term goals such as remodeling the kitchen or buying a new car. However, many of us are going to have difficulty meeting our long-term goals such as retirement and education for our children, and an inheritance may be the only way we can achieve them. Write down those long-term goals next to the short-term ones.

Decide how much you’re going to splurge.
If you know that you can meet your long-term goals, you can set aside money for short term goals, like that new car. Set up a separate bank account for this money, and when it’s gone, that’s it — no dipping into the rest of the inheritance.

Set aside three to six months’ worth of your regular expenses in an emergency fund.
If you don’t already have an emergency fund, this is important. Emergency fund money could be put in a short-term, fixed-income investment such as a money-market account.

Establish an investment strategy for your long-term goals.
The rest of your inheritance is your long-term goal money and, if you’re fortunate, it will go a long way to make up much of any shortfall you would otherwise have.

Set up your own Estate Plan
If you do not already have one, set up your own estate plan. This is crucial to ensure that your heirs receive their inheritance without having it diminished by unnecessary expenses, taxes and delays. A good estate planning attorney can help to answer questions about all of the above and give good solid advice on the best way to pass your assets to others, given your individual set of circumstances.

Jeff J. McKenna is an attorney licensed in three states and serving clients in Utah, Nevada and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite. He is a founding member of the Southern Utah Estate Planning Council. If you have questions or topics that you would like addressed in these articles please e-mail him at jmckenna@barney-mckenna.com or call 628-1711.

Why the Estate Tax Exclusion Seems Destined to Remain at $3.5 Million Dollars

Tuesday, July 7th, 2009

Although there are at least three sets of proposals currently being proposed by either the House, the Senate or the Treasury Department, the aspects which these proposals have in common indicate one thing. Congress seems very likely to cement the $3.5 Million applicable exclusion amount by making it permanent.

The House bill is H.R. 436,entitled the Certain Estate Tax Relief Act of 2009 was introduced January 9, 2009. Notably it would eliminate the sunset provision of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA)and make permanent 2009’s $3.5 million annual exclusion amount. Additionally, it would set the highest marginal tax rate at 45% with a five percent (5%) surcharge for Estates over $10 million.

The Senate Bill is S.B. 722, entitled the Taxpayer Certainty and Relief Act of 2009, was introduced March 26, 2009. Section 301 would make permanent the 2009 $3.5 million applicable exclusion amount and provide an adjustment for inflation.

The Obama Administration has also issued a proposal in the form of the “Treasury Department’s General Explanations of the Administration’s Fiscal Year 2010 Proposals.”This document essentially containing all the administration’s tax proposals,and also known as the “Green Book” was released on May 11, 2009. In this document the administration proposed to make this years $3.5 million applicable exclusion amount permanent.

Although there are some significant difference between these three proposals in other areas of exclusion portability, family entity valuation discounts, and term restrictions on Grantor Retained Annuity Trusts ( GRAT) they all propose to cement the $3.5 million per spouse applicable exclusion amount. So it seems that this will most likely be the appropriate figure for the near to midterm.

However, given the huge fiscal deficits and the changing nature of the world’s monetary system the federal government may soon need to raise revenue wherever it can. And since such a tiny percentage of Americans will leave an estate anywhere near the ballpark of 7 million dollars, it is possible and perhaps likely that this level may be reduced in future years. One other possibility is that if we experience hyper-inflation and the applicable exclusion amount isn’t indexed for inflation, that many more people will leave an estate coming close to or exceeding $3.5 million.

ABOUT THE LAW OFFICES OF CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney.
Visit Christopher R. Twining’s website at http://www.twininglaw.com

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