Source: Ross Estate Planning Blog

Ross Estate Planning Blog American Taxpayer Relief Act (ATRA) changed estate planning.

There is a new paradigm in estate planning.The new law increases the estate tax exemption to $5.34 million per person and $10.68 million for a married couple. Portability of the deceased spouse unused exclusion (DSUE) has been made permanent in theory.Estate planning is now changed for estates above the $5.34 million threshold, For those estates below the exemption more true planning will be the norm.Applicable exclusion amount should not be used to transfer low basis assets,Taxpayers should consider keeping as much as possible in order to obtain a "step-up" in basis for those assets in order to minimize capital gains taxesIncome tax considerations are now more important than estate taxes. Can save more in income taxes by getting a basis step-up at deathState of Residence Will give rise to very different types of estate planning because several states (19) have a death tax.You or your heirs may move to one of those states Updating credit shelter trusts to maximize step-up in basis and provide broad flexibility in tax planning upon death of the first spouse should now be a priority for most married couples. Widows and widowers who are beneficiaries of a credit shelter trust may need to consider distributing assets out of the trust - assuming the trust allows for this - or decanting the trust to a more flexible trust if it does not.Read more: http://www.rossestateplanning.com

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