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Tax advantaged spousal lifetime access trusts bear risks

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A rush to transfer assets into spousal lifetime access trusts in order to avoid estate taxes in the future may bring its own risks apart from the high payments to Uncle Sam.

The ability to set aside up to $13.61 million per individual in 2024 (or $13.99 million next year) tax-free into a SLAT carries a lot of appeal for wealthy households in which one spouse is removing the assets from the estate while maintaining some indirect use of them. However, the concerns of unexpected deaths, divorces or cash-flow problems represent significant dangers in the long term, according to Martin Shenkman, founder of Shenkman Law.

“You can actually do modeling as the financial advisor and help the lawyer figure out which extra access points or techniques to add to the plan based on the modeling. That just doesn’t happen very often, and it should happen all the time,” he said in an interview. “The role of the financial advisor should help lead the decisions on how the SLAT or another type of planning is done. The role of the financial advisor is essential, and, too often, the clients work out these decisions with their attorneys without their financial advisors involved. That’s not prudent.”

READ MORE: Divorce, death and taxes: 3 risks connected with SLATs

SLATs began receiving a lot more attention in recent years amid concerns about potential changes to taxes under President Joe Biden’s administration and the possible expiration of the Tax Cuts and Jobs Act of 2017 at the end of 2025. With former President Donald Trump set to return to the White House next year and his Republican party in control of Congress, the gift and estate exemptions look increasingly likely to remain at their high levels — even if planners and their clients won’t know the exact details for several months or the entire year in 2025. The trusts combine tax advantages with a degree of wiggle room.

“Once the assets are out of the grantor’s estate, any appreciation of assets in the trust also occurs outside of the grantor’s taxable estate, which can significantly enhance the long-term financial legacy for the grantor’s heirs,” George Reilly, a partner with the Dunlap Bennett & Ludwig law firm, wrote in a guide to SLATs in September. “Since a SLAT is an irrevocable trust, assets in SLATs are also generally protected from the grantor’s creditors. This protection can be valuable for individuals in professions or situations where they may be at higher risk of legal claims. Finally, SLATs afford grantors greater flexibility. While a grantor cannot directly access the assets in the trust, the beneficiary spouse can receive distributions from the trust, so the couple still has access to the assets.”

Those benefits prove less beneficial without adequate analysis of whether the leftover assets are enough to support the same spending budgets and address needs such as long-term care or other healthcare expenses connected with aging, Shenkman pointed out. Insurance or domestic asset protection trusts could deliver some of the same advantages without posing the fundamental challenge of whether the clients truly have enough money at their disposal.

“A lot of people are talking about SLATs like they’re the ultimate planning tool, and, like any tool, it’s useful. But it’s got to be used properly and in the right circumstances,” Shenkman said. “How do you know that a SLAT gives you enough access to the money? The answer is, you really need to do financial modeling and see what access you might need.”

READ MORE: 3 types of trusts that could help wealthy clients’ estate plans

Unexpected deaths, divorces or disability add a layer of complexity to those calculations. In some circumstances, the assets could wind up no longer being available to the original grantor of the trust. Some clients may not grasp that it requires an “incredible level of wealth to be able to give it away and not have access,” Shenkman said.

“Too often, people get mesmerized by the idea of saving estate taxes, and they don’t think through the financial risk that could be really devastating. On one end of the spectrum, SLATs are a great tool. But you’ve got to make sure you have enough money,” he said. “A client really should have a complete insurance analysis done when they do a SLAT or any of the other variations that are available.”

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Accounting

Investors urge companies to adopt AI

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Investors are bullish on AI, with the vast majority urging companies to upskill their workers to better leverage the technology, as they believe it will make them more productive and profitable in the long term. 

This is according to Big Four firm PwC’s annual Global Investor Survey. PwC polled 345 investors and analysts across 24 countries and territories in September and conducted in-depth interviews with 14 investment professionals. It found that a comfortable majority—73%—of the survey respondents said companies should deploy AI solutions at scale, likely because 66% expect the companies they invest in to deliver productivity increases from AI over the next 12 months, with 63% expecting revenue increases and 62% expecting it to increase profitability. 

While there have been some public anxieties about AI replacing workers, many investors do not see a tension between the two forces. The survey found that 31% believe AI will have little to no impact on headcount at companies, and a further 32% believe AI will actually lead to businesses hiring 5% more people than before. The report did not mention what the remaining 37% thought on this topic. 

“Investors expect to see real outcomes from GenAI over the next year and recognize that achieving this will take investment in people and upskilling, as well as technology,” said PwC global assurance leader Wes Bricker. “Management can expect scrutiny on how they deliver AI productivity gains and support for an approach that extends beyond the tech itself to reinvent the way businesses operate.”

Aside from AI matters, the survey also found that investors are generally optimistic about the global economy, with slightly more than half—51%—saying they believe it will grow over the next year, with fewer concerns about inflation and macroeconomic shocks. However, it is a cautious optimism, as they also cited cyber risk and geopolitical conflict as possible spanners in the works. With these risks remaining top of mind for investors, 86% of the respondents indicated that the ability of a company to manage through a crisis is an important factor in their investment decision-making, 60% of investors believe it is also very or extremely important that companies re-think their business models in response to supply chain instability, and 68% said they should increase their investment to de-risk them.

Investors are looking for more information beyond what is on the financial statement. In particular, they are craving more information on corporate governance (40%) and innovation (37%). They tend to get this information through investor-focused communications and direct dialogue with the company. Fewer investors say they are relying on the financial statements and note disclosures, with the proportion of investors reporting that they rely on them to a large or very large extent going from 66% to 55% compared to last year. As investors look to qualitative data, AI may provide significant opportunities in analyzing information published by companies. Nearly two-thirds (62%) said it has significantly or moderately increased their ability to do so.

“Reliable information is the lifeblood of capital markets, yet today’s pervasive flow of data can be a blessing and a curse,” said Kazi Islam, global assurance strategy and growth leader for PwC US. “The expectation on business leaders is to communicate to investors what is material to their business, doubling down on transparency and consistency to ensure they are building trust through communication. As AI provides the capability needed to sift easier through these qualitative and quantitative data, ensuring consistent and effective communication from company leaders is imperative.” 

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Accounting

The top people in public accounting — 2024

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As part of our annual Top 100 Most Influential People in Accounting list, Accounting Today asks candidates to name who they think are the most influential people in the field, and here they are, ranked by the number of votes they received from the 139 candidates.

The top nine are listed below, and you can see Accounting Today‘s full list of the Top 100 here.

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Accounting

Infinite Ties launches online CAS community

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Infinite Ties, an online community built for client accounting services professionals in the U.S., announced the official launch of its site at infinite-ties.com

The website was created to foster collaboration and the sharing of best practices and resources around CAS.

The founders of Infinite Ties (named for “Technology, Information, Education that leads to Success”) were early adopters in the CAS space.

“The CAS community can often feel like an island,” said co-founder Christine Triantos in a statement. “We recognize the need for CAS members to objectively discuss what’s working, what’s not working, technology solutions, and best practices. Infinite Ties aims to bridge these gaps and create a supportive, connected community.”

The online community’s training resources include monthly webinars, templates for common CAS practice requirements, and interactive forums.

“We have trained team members on specific CAS theory and techniques, and we also understand that finding CAS-specific training can be difficult,” Triantos stated. “Our goal is to provide accessible, high-quality training and resources to help CAS professionals excel.”

“We are passionate about CAS and wholeheartedly want to help CAS professionals be rockstars in this space,” co-founder Michelle Welch said in a statement. “Infinite Ties is not just a platform; it’s a movement towards excellence and innovation in CAS. We’re excited to see the positive impact it will have on the industry.”

Membership is $99 per month for up to five team members and more information is available on the website.

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