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Recent Articles & Treatises
- Registration now open for September 17, 2019 CPE Seminar, “IRC Sec. 199A: Wasn’t the Code to be Simplified?” August 26, 2019
- A Journey Through IRC Section 199A: Wasn’t the Code to be Simplified? July 25, 2019
- Tax News & Comment — August 2019 July 25, 2019
- Tax News & Comment – April 2017 March 13, 2017
- Tax News & Comment — May 2016 May 14, 2016
- FROM WASHINGTON & ALBANY — Current Election Probabilities; Tax Plans of Trump and Clinton May 13, 2016
- FROM FEDERAL AND NYS COURTS: Recent Developments & 2015 Decisions of Note May 13, 2016
- IRS & NYS DTF MATTERS: Recent Developments & 2015 Regs. & Rulings of Note May 13, 2016
- Creating and Maintaining Flexibility in Wills and Trusts May 13, 2016
- Escaping the Quandary Posed by Unreported Foreign Accounts May 13, 2016
- Like Kind Exchanges Alive and Well: An Update May 13, 2016
Most Popular
- September 17 CPE Breakfast Lecture in Old Westbury, New York -- "IRC Sec. 199A: Wasn't the Code to be Simplified?"
- Taxation of Foreign Nongrantor Trusts: Throwback Rule
- Use of Disclaimers in Pre and Post-Mortem Estate Planning
- Depreciation Recapture
- Defeating The Right of Election in EPTL § 5-1.1-A
- Executor and Trustee Commissions Under NY EPTL
- Lawyers
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- Gain, Loss and Depreciation Issues in Like Kind Exchange
- Tax and Legal Issues Arising In Connection With the Preparation of the Federal Gift Tax Return, Form 709 -- Treatise
Category Archives: Post Mortem Estate Planning
Use of Disclaimers in Pre and Post-Mortem Estate Planning
View in PDF: Tax News & Comment — February 2013 Introduction Disclaimers can be extremely useful in estate planning. A person who disclaims property is treated as never having received the property for gift, estate or income tax purposes. This … Continue reading
Posted in Disclaimers, Estate Planning, Post Mortem Estate Planning, Probate & Administration
Tagged acceptance of benefits, disclaimant, disclaimer of fiduciary powers, disclaimer of jointly owned property, disclaimers, estate attorneys, IRC 2518(c), IRC Section 2518, marital disclaimers, PLR 2002340117, QTIP disclaimer, qualified disclaimers, tax attorneys, tax lawyer, timeliness of disclaimer
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Post Mortem Estate & Income Tax Planning
View outline: Post Mortem Estate & Income Tax Planning Post Mortem Estate and Income Tax Planning Outline Post Mortem Estate & Income Tax Planning © 2011 David L. Silverman, J.D., LL.M. (Taxation) Law Offices of David L. Silverman 2001 Marcus … Continue reading
Posted in Estate Planning, Post Mortem Estate & Income Tax Planning, Post Mortem Estate & Income Tax Planning, Post Mortem Estate Planning, Probate & Administration, Treatises
Tagged applicable exclusion amount, estate lawyer, estate planning, estate tax, form 709, gift tax, gross estate, GST, ILIT, life insurance trusts, new york estate tax, probate, QTIP, QTIP election, surviving spouse, tax attorney, tax lawyer, tax planning, valuation discount
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Use of Disclaimers in Pre and Post-Mortem Estate Planning
Disclaimers can be extremely useful in estate planning. A person who disclaims property is treated as never having received the property for gift, estate or income tax purposes. This is significant, since the actual receipt of the same property followed by a gratuitous transfer would result in a taxable gift. Although Wills frequently contain express language advising a beneficiary of a right to disclaim, such language is gratuitous, since a beneficiary may always disclaim.
For a disclaimer to achieve the intended federal tax result, it must constitute a qualified disclaimer under IRC §2518. If the disclaimer is not a qualified disclaimer, the disclaimant is treated as having received the property and then having made a taxable gift. Treas. Regs. §25.2518-1(b). Under the EPTL, as well as under most states’ laws, the person disclaiming is treated as if he had predeceased the donor, or died before the date on which the transfer creating the interest was made. Neither New York nor Florida is among the ten states which have adopted the Uniform Disclaimer of Property Interests Act (UDPIA). Continue reading
Posted in Disclaimers, Estate Planning, Post Mortem Estate Planning, Post Mortem Estate Planning
Tagged accepence of benefits, charitable disclaimers, credit shelter trust, disclaim within 9 months, disclaimant, disclaimer of fiduciary powers, disclaimers, disclaimers by infants, disclaiming applicable exclusion amount, disclaiming jointly owned property, EPTL 2-11(b)(2), exercise of general power of appointment, general power of appointment, interest passing without direction, IRC 2518, marital disclaimers, minors and incompetents, QTIP election, qualified disclaimers, separate and severable interests, surviving spouse
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