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4 irrevocable trust options as the TCJA deadline looms

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For clients waiting to see if Congress will extend or cut the lifetime gift and estate tax exclusion next year, setting up an irrevocable trust now can be a base-covering estate planning option. 

Katie L.S. Von Kohorn

Katie L.S. Von Kohorn is a partner specializing in trusts and estates and more at Casner & Edwards.

The lifetime gift and estate tax exclusion amount is scheduled to drop from $13.99 million per person in 2025 to about $7 million at the start of 2026. While Congress can preserve the larger exclusion amount by extending the Tax Cuts and Jobs Act of 2017, the budget reconciliation process — the likely avenue for passing any extension — requires that tax cuts cannot be extended beyond a “budget window,” usually 10 years, unless they are offset by other sources of revenue or spending cuts. 

Extending all the provisions in the TCJA for 10 years would add an estimated $4.6 trillion to the federal budget deficit. 

Alternatively, legislation has recently been introduced to repeal the estate tax entirely. Were it repealed, and noncitizen nonresident investors were no longer subject to U.S. estate tax on their U.S. assets over $60,000, this could make the U.S. a more attractive destination for foreign capital. However, this legislation’s passage is uncertain at best.

READ MORE: 4 estate planning tax tips for rich clients before the 2026 sunset

Given these uncertainties, clients with federally taxable estates who have not used up all of their lifetime exemption amounts should consider making gifts that use the larger exclusion amount before it has a chance to decrease from about $14 million to about $7 million. Clients could transfer as much as an extra $7 million free of the 40% estate and gift tax.

But clients may be uncomfortable making large gifts, either because they anticipate needing the assets during their lifetime or simply wish to maintain control of their funds. 

In such cases, setting up an irrevocable trust now and waiting to fund it until Congress’s willingness to extend the larger exemption amount or to repeal the estate tax becomes more apparent is a viable option. If and when the exclusion amount is reduced, clients can then fund the trust.

READ MORE: ​​Tax-favored gifts exemptions that give back — in any administration

Irrevocable trusts can maximize a client’s remaining lifetime gift tax exemption while preserving assets for descendants, and in some cases, spouses. If the generation-skipping transfer tax exemption is also allocated to an irrevocable trust, the trust can continue for multiple generations, with no estate or GST taxes due at the deaths of the beneficiaries. The amount of the gifted assets, plus any future appreciation, will be removed from the client’s estate. 

Financial advisors and CPAs urging their clients to put trust structures in place should recommend that clients act early, as estate planning attorneys may be overburdened by the second half of 2025.

It’s also important to consider which assets clients should give. Any assets given to an irrevocable trust would no longer be owned by the donor at death, so the trust would not be entitled to a step-up in basis at the donor’s death. Advisors should help clients consider this loss of basis step-up before making large gifts of highly appreciated assets. 

Alternatively, clients could make a loan of up to $14 million to family members, or to a grantor trust of which the client’s descendants are beneficiaries, and later forgive some or all of that loan, meaning the loan would be treated as a gift at the time of forgiveness.

READ MORE: Trusts are useful but complicated. Here are some basics

Here are four irrevocable trust structures to consider depending on the client’s circumstances:

Standard irrevocable trust

A client’s lifetime gifts to the trust would use some or all of their gift tax exemptions. The assets contributed to the trust would be removed from the client’s estate, and any future appreciation on those assets would pass to descendants free of estate tax.  

Spousal lifetime access trust

If a married client is worried about making substantial gifts because they might need the gifted assets for living expenses later in life, one spouse could give assets to a spousal lifetime access trust — or SLAT — for the benefit of the other spouse, and their descendants, which preserves the option for the other spouse to benefit from those assets. (There are drawbacks of this type of trust to consider as well.)

Irrevocable life insurance trust

An irrevocable life insurance trust, or  ILIT, would own a life insurance policy and any death benefit would be excluded from the client’s estate. Gifts to the trust would qualify for the annual exclusion. Life insurance trusts can also be used to provide liquidity to a client’s estate in order to pay estate taxes.

Grantor trusts

A grantor trust treats the donor, or grantor, as the owner of the trust for income tax purposes, but not for gift or estate tax purposes. The grantor pays the federal income taxes attributable to the trust income, thus allowing the trust assets to grow much faster. The grantor’s payment of the trust’s income taxes is not treated as an additional gift to the trust.

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Accounting

FASB Standardizes Carbon Offsets Accounting Rules

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FASB Standardizes Carbon Offsets Accounting Rules

In a decisive move toward standardized environmental financial reporting, accounting standards boards issued updated implementation guidance during the week ending July 25, 2026, regarding the formal recognition and valuation of corporate carbon offsets and environmental credits. The revised frameworks establish precise rules for how enterprises must measure, record, and disclose carbon credits on balance sheets, eliminating years of inconsistent reporting practices across public capital markets.

Under the finalized accounting standard, purchased carbon offsets can no longer be categorized under vague administrative expenses or unstandardized intangible asset accounts. Instead, organizations must classify environmental credits based on underlying operational intent—distinguishing between credits held for immediate compliance compliance obligations, long-term offset obligations, or active market trading. Furthermore, companies are required to evaluate carbon holdings for fair value impairment at the end of each reporting period, ensuring that depreciated or low-quality environmental credits do not distort corporate asset values.

The standardized rules carry significant implications for corporate audit committees and chief accounting officers. External audit firms are implementing rigorous verification protocols to validate the physical legitimacy, legal ownership, and scientific permanence of carbon credits claimed on balance sheets. Inaccurate or overstated carbon accounting claims now carry substantial financial litigation risk, alongside potential regulatory enforcement for misleading ESG disclosures.

To remain fully compliant, corporate accounting departments must establish centralized carbon tracking systems integrated into primary standard ERP ledgers. Accounting teams that proactively adopt standardized environmental reporting protocols will build investor credibility, streamline annual audit processes, and insulate their organizations against evolving regulatory scrutiny.

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Accounting

Automated Tax Compliance Tools Reduce Risk

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Automated Tax Compliance Tools Reduce Risk

Corporate tax departments reached a critical juncture in automated operational management. With nations worldwide rapidly enacting digital service taxes, localized value-added tax (VAT) mandates, and real-time electronic invoicing requirements, manual tax calculations have become obsolete. Modern corporate tax divisions are aggressively deploying AI-driven tax engine software to automate complex cross-border indirect tax calculations in real time.

The imperative for automated tax compliance stems from the sheer complexity of current trade policies and multi-jurisdictional commerce. E-commerce platforms, software vendors, and global manufacturers face constantly changing regional tax rates, statutory exemption rules, and cross-border tariff structures. Automated tax engines embed directly into enterprise enterprise resource planning (ERP) architectures, automatically applying correct tax codes at the point of sale, calculating real-time withholding amounts, and generating compliant e-invoices.

Automated audit trail generation represents another key advantage of modern tax tech integration. Advanced compliance platforms log every transactional tax determination on immutable digital ledgers, providing tax authorities with transparent, self-verifying audit trails. This capability drastically reduces the operational duration and administrative cost of corporate tax audits, protecting enterprises against severe penalties resulting from calculation errors or missed reporting deadlines.

For chief financial officers and tax directors, investing in automated tax compliance is a vital operational risk mitigation strategy. Automating routine tax calculations frees high-level accounting professionals to focus on strategic tax planning, transfer pricing optimization, and risk management in an increasingly complex global economic environment.

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Accounting

Continuous Auditing Transforms Corporate ERPs

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continuous auditing transforms corporate erps

As corporate accounting departments cross the threshold into late July 2026, the adoption of continuous, automated auditing systems has reached a definitive turning point. Driven by advances in artificial intelligence and deep integration with modern Enterprise Resource Planning (ERP) platforms, leading finance organizations are moving away from traditional, periodic post-hoc audits in favor of real-time, 100% transactional verification. This technological transition is redefining internal control environments, reducing compliance costs, and eliminating the structural delays inherent in legacy quarterly closing processes.

Unlike traditional auditing frameworks that rely on statistical sampling—a process that inevitably leaves operational blind spots—continuous auditing software monitors operational data feeds continuously. Every purchase order, electronic invoice, payroll disbursement, and cross-border wire transfer is automatically cross-referenced against established corporate governance parameters, regulatory tax schedules, and anti-fraud algorithms in real time. Anomalies or unauthorized ledger entries are flagged instantly, allowing internal audit teams to investigate and remediate compliance gaps immediately rather than months after the close of a financial period.

The implications for executive financial management are far-reaching. By embedding continuous verification directly into daily transaction workflows, chief financial officers gain uninterrupted visibility into the organization’s true financial standing. Real-time balance sheet auditing eliminates the severe operational bottlenecks associated with month-end and quarter-end financial reconciliations, freeing accounting professionals to focus on strategic financial modeling, tax planning, and capital allocation rather than manual data entry and spreadsheet consolidation.

However, implementing continuous auditing requires accounting leadership to invest heavily in data governance and technical upskilling. Internal audit teams must evolve from manual ledger reviewers into system architects capable of auditing complex algorithms and validating automated data pipelines. Accounting firms and corporate controllers that master continuous auditing will establish a resilient compliance framework capable of meeting stringent international regulatory standards with total transparency.

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