Category Archives: Charitable Planning

Gifting in a Time of Uncertainty

Many are gifting their assets to family members, friends, and their communities in order to assist them through these difficult times. As discussed below, the timing of such gifts may benefit the donor as much as the recipient.

Some basics: Gift taxes and estate taxes are linked in the federal tax system. In other words, these taxes share the same basic exclusion amount (BEA) that an individual is allowed in computing their federal gift and estate tax. The current BEA adjusted for inflation is $11.58 million per individual. This means each taxpayer can transfer up to $11.58 million tax free in any combination of lifetime gifts or testamentary gifts (gifts made after death, e.g., by will or trust).

There is an important general exception: federal law allows an unlimited number of annual gifts an individual can make tax free. The current annual gift tax exclusion amount is $15,000 per donee (recipient). Taxpayers can make annual exclusion gifts to as many donees as they would like before reducing or utilizing any of their BEA.

A important recent legislative amendment: Beginning on January 1, 2018, the BEA was increased from $5 million to $10 million as adjusted for inflation. Under the current federal tax code, on January 1, 2026, the BEA—which is now $11.58 million—will revert or “sunset” back to $5 million as adjusted for inflation. Thus, the current federal tax code permits an individual or their estate to utilize the current, increased BEA to shelter from gift and estate taxes an additional $5 million of transfers made during the eight (8) year period beginning on January 1, 2018, and ending on December 31, 2025.

But what happens if you die after December 31, 2025, having transferred more than $5 million in lifetime and testamentary gifts?

Enter an IRS special rule: On November 26, 2019, the IRS adopted a special rule to address just such question. The rule precludes the IRS from recapturing or “clawing back” all, or a portion, of the benefit of the increased BEA used to offset gift tax by persons who make taxable gifts during the increased BEA period, and die after December 31, 2025. The rule ensures that a decedent’s estate is not inappropriately taxed with respect to gifts that were sheltered from gift tax by the increased BEA when made.

But what if a decedent failed to take advantage of the current increased BEA?

The critical fine print: The special rule also makes clear that the increased BEA is a “use or lose” benefit and is available to a decedent who survives the increased BEA period only to the extent that the decedent “used” it by making gifts during the increased BEA period.

*PLEASE BE ADVISED that the foregoing only provides a basic overview of particular provisions within the federal tax code and corresponding regulations, and it not intended to be relied upon for any individual’s specific circumstances. You should consult with an experienced tax professional for personalized guidance.

The Coronavirus Stimulus Bill — How It May Affect Your Financial and Tax Planning

On March 27, 2020, Congress passed the $2 trillion CARES (Coronavirus Aid, Relief and Economic Security) Act, which provides for direct payments and loans to individuals and businesses, and establishes several provisions which may have a significant impact on your financial and tax planning.

New Tax Filing Deadlines:  For the 2019 tax year, the original filing and payment due date of April 15, 2020 has been extended to July 15, 2020. The new deadline also applies to contributions to a Traditional IRA, Roth IRA, SEP IRA, or HSA. For those making estimated tax payments for the 2020 tax year, such payments are still due on the original due dates, except for the first quarter payment. We strongly advise you to contact your accountant or tax adviser to understand how these new deadlines impact your personal and business tax obligations, and to determine when you should file your return, especially if you are expecting a refund.

Cash Payments for Individuals:  Individuals will receive a rebate payment of $1,200 ($2,400 for a joint return) plus $500 per qualifying child. It appears likely that such payment will be provided in the form of direct deposit or check based upon your most recently filed return or, if you did not file a return because you are a Social Security recipient, your 2019 Social Security information. The payment will be reduced by 5% of your adjusted gross income that exceeds $150,000 for joint returns, $112,500 for head of household returns, and $75,000 for single returns. In other words, the payment is completely phased out at an adjusted gross income of $198,000 or more for married filers and $99,000 or more for single filers.

Unemployment:  For those who have lost their job, the federal government will give unemployed workers an extra $600 a week for four (4) months, in addition to state benefits.

Required Minimum Distributions:  The CARES Act allows for a one (1) year waiver in required minimum distributions (RMDs) for defined contribution plans under §403(a), §403(b), IRAs, and Section 457 plans. The intended purpose of this provision is to give taxpayers a chance to let their IRAs recover. Also, inherited IRAs or retirement plan accounts required to be depleted within five (5) years can skip the 2020 year, thereby extending the required timeframe to six (6) years.

Needed Distributions:  For those needing to utilize retirement savings during these times, the CARES Act waives the 10% penalty on early distributions for 2020 coronavirus-related purposes, up to a maximum of $100,000. This applies to a variety of circumstances, including without limitation, persons, spouses, dependents diagnosed with COVID-19 and persons experiencing financial difficulties as a direct result of the disease.

Qualified Plan Loans:  The amount you can borrow from your retirement plan is temporarily increased to either $100,000 or 100% of the vested account balance, whichever is less. This will be in effect for 180 days, starting on March 27, when the Act was passed. If an existing retirement plan loan comes due between March 27 and December 31, 2020, you have a one (1) year extension to pay it.

Charitable Deductions:  Even if you do not itemize deductions, you can take an above-the-line deduction of up to $300 for charitable cash contributions made to §501(c)(3) organizations on your 2020 tax return. If you can itemize deductions on your 2020 return, the 60% adjusted gross income limitation for charitable contribution deductions is suspended, letting you deduct as much as 100% of your 2020 adjusted gross income.

Deducting Business Losses:  Under the CARES Act, you are permitted to use business losses to claim refunds on your returns, suspending some of the provisions in the Tax Cuts and Jobs Act of 2017.

Small Businesses:  Employers with fully or partially closed businesses due to the coronavirus lockdown, or whose gross receipts declined by more than 50% when compared to the same quarter in the previous year, are eligible for a refundable credit against payroll taxes equal to 50% of qualified wages paid to employees. Depending on the number of workers employed, the credit is limited to $10,000 of wages per employee for the period of March 13 through December 31 and must be reduced by any credits claimed under the Families First Coronavirus Response Act. The Payroll Protection Program provides federally guaranteed loans to small businesses with no more than 500 employees, as well as sole proprietors, independent contractors, and other self-employed individuals. Employers with fewer than 500 employees are required to provide paid sick leave or family leave to employees forced to stay home due to quarantining, caring for a family member or caring for a child whose school or daycare location is closed. Employers will be eligible for a refundable credit against the payroll portion of the tax on the qualified paid sick leave and qualified family leave.

In sum, the CARES Act provides many avenues of relief, and we encourage you to contact your tax adviser or legal counsel for further information. If you have any questions, Woodburn and Wedge is here to assist you.

Morris Presents on Benefits of Trusts

View More: http://jessilemay.pass.us/woodburnwedgeThe free, semi-annual Family Estate Planning workshop series, sponsored by the Community Foundation of Western Nevada, begins on Wednesday, September 19, 2018. The eight-week workshop series features different presenters addressing all topics related to estate planning.  The workshops are held every Wednesday at the Sierra View Library at 10:30 a.m. and 1:30 p.m. Jason Morris has presented since the program’s inception in 2010.  He will speak on the benefits and advantages of trust planning on October 10, 2018.  Call 775-333-5499 to register for the workshop series now.

Leaving Your Estate to Charity

Consultation

Would you leave a $150 million estate to your hometown? David Gundlach did. Gundlach made his fortune through the sale of a highly profitable insurance company. He left no heirs and wanted to give his money away. Gundlach left his entire estate to the Elkhart County Community Foundation in Indiana. Not only was this an extraordinary gift in size, but it was very unusual for another reason. Gundlach did not leave any stipulations on the use of the proceeds; the Foundation can use the funds any way it desires. The WSJ profiled Mr. Gundlach and his significant gift last year.

Mr. Gundlach is not alone in leaving a significant gift to charity. Increasingly, we see clients without children of their own looking to leave a lasting legacy through charitable bequests. Rarely do clients leave all of their estate to one charity but rather most clients spread the distribution of their estate across a number of charities. Many clients like to include specific uses for their funds. We regularly see bequests made to educational institutions for scholarships for needy students. Pet charities are a common choice for clients who do not favor any particular educational or religious institutions. For those without a particular charitable objective, a community foundation can be a great choice.

The virtue of a community foundation is the close relationship with the foundation and the local community. Like Elkhart, Indiana, we too have a community foundation in northern Nevada; it is the Community Foundation of Western Nevada (“CFWN”). The CFWN has given over $65 million in grants to our local community since its establishment in 1998. The CFWN manages donor advised funds, scholarship funds, and nonprofit endowments. In addition, the CFWN offers educational workshops, provides hands-on giving experience to high school students, and promotes giving among charitable boards. All of these efforts and programs enhance our community and enrich many lives. If you have charitable desires, there are innumerable ways you can leave your assets to benefit others, even if your estate is more modest than Mr. Gundlach’s.

Presentation on Probate, Wills and Trusts at St. Thomas Aquinas Cathedral

On Tuesday, April 17, 2012 at 1:00 p.m. attorney Sharon Parker will give a free presentation regarding probate, wills and trusts to the Senior Ministries group at St. Thomas Aquinas Cathedral, 310 West 2nd Street, Reno, Nevada, in Righini Hall. Lunch is provided at no cost but you must RSVP to Ed Kolesar in advance: 240-0328.