Connect with us

Accounting

Non-grantor trusts could stack big tax breaks under OBBBA

Published

on

The One Big Beautiful Bill Act will lead to a “renaissance” of income tax planning through non-grantor trusts that can “stack” the available savings, according to two experts.

In light of the law, financial advisors, tax professionals and their clients should consider income strategies involving methods that shift their earnings to multiple trust entities that could harness several of the benefits at once, according to a webinar earlier this month held by Leimberg Information Services, which provides training courses, newsletters and other resources for financial advisors and tax and law professionals with high net worth customers. 

The potential opportunities stem from new provisions that include the state and local tax deduction, the deduction for qualified business income for pass-through entities and the breaks on capital gains duties from qualified small business stock. With higher, permanent exemptions from the estate tax, those income and earnings-based provisions have grown in importance.

READ MORE: Caps, credits, contributions: Tax planning for parents under OBBBA

Short stack or big stack?

However, a white paper and the subsequent online presentation led by Robert Keebler, partner with advisory and accounting firm Keebler & Associates, and Steven Oshins, member of the Oshins & Associates Law Firm, pointed out that there are some guardrails related to IRS rules against the multiplication of income tax advantages across several non-grantor trusts for a single beneficiary. So they presented case studies involving high net worth households that created just one trust entity for each child or grandchild of the grantor. The “stack” of savings from several trust entities can yield significant benefits — tens of thousands of dollars in lower taxes or more in many of the examples.

“Now that we have this $30 million exemption for a married couple, very few of our clients are above the $30 million, so the new estate planning is to do income tax planning,” said Oshins, whose firm maintains rankings of states based on their rules and tax treatment for various trust entities. “There’s going to be less estate tax planning from here on out, and we should be focusing on income tax planning using one or more non-grantor trusts. … This created a lot of different income tax planning opportunities that we may or may not have had prior to this new tax bill being passed and signed into law.”

Those rule shifts, such as the law’s expansion of the SALT deduction to $40,000 from only $10,000 for most households, plus the shortage of incoming CPA talent, create a new landscape for tax professionals.

“If you’re an estate planning lawyer, you might say to yourself, ‘Well, this is income tax. I usually don’t jump into the income tax,'” Keebler said. “But what’s happened because of the CPA shortage? Many, many clients are not getting the same proactive planning they might have received 10 or 15 years ago, and you can offer some of that, especially when it largely overlaps with your estate and trust expertise.” 

The law represents “a watershed moment for tax planning that will result in a renaissance in the world of income tax planning with non-grantor trusts,” according to the paper by Oshins and Keebler, which described that type of entity as the cornerstone of “a renewed focus on income tax planning.” The available strategies send income flowing to several trusts for each of the grantor’s beneficiaries, giving clients a chance to qualify for several benefits at the same time while forming the trust in states with the most advantageous rates for their earnings.

“Each one on its own may or may not be enough to sweeten the pot enough for a client to move forward with creating one or more non-grantor trusts described hereinabove,” the report said. “However, it is possible to ‘stack’ these benefits. If one benefit isn’t enough, maybe two benefits are enough for the client to see the value in creating the trust. With one benefit, the planning is a ‘maybe.’ With two benefits, the planning is a ‘probably.’ With three or more benefits, the planning is likely a ‘no-brainer.'”

READ MORE: How to avoid capital gains taxes with highly appreciated stocks

Be fruitful and multiply savings from trusts

For advisors with clients in states or cities that have high income rates, the new SALT deduction phases out to its earlier level of only $10,000 when their annual income reaches $600,000 or higher. But the trusts offer the ability for high-earning clients to distribute their income across beneficiaries who are usually in a lower tax bracket, for starters, with a wider deduction available of $40,000 if their yearly earnings are below $500,000.

“The name of the game — now that we have the higher estate tax exemption — is to set up these non-grantor trusts so we can do the income tax planning, because a non-grantor trust is a separate income taxpayer,” Oshins said. “We can stack multiple opportunities in the same non-grantor trust. The problem, prior to this tax act, was that we were working off of a $10,000 SALT deduction. So the tax savings of $10,000 to use a non-grantor trust were too small for a client to pay an attorney to set up a trust and pay an accountant to prepare the tax return. That one opportunity wasn’t enough. So now we have the $40,000 per year, and we can stack other opportunities.”

In other words, each of the trust entities earning below half a million dollars per year would be eligible to deduct up to $40,000 in state and local taxes from their federal income. And the clients could then apply more savings based on qualified business income or qualified small business stock through each trust as well, to “stack” those breaks on top of each other. That means that there are some clients who could use the trusts to tap into all three tax breaks in a way that multiplies their savings across the board, depending on circumstances.

READ MORE: Advisors clamor for estate planning tools as attorneys wave red flags

Cautions and caveats

The use of several trusts for one beneficiary would likely fail to bring all of those savings, since Section 643(f) of the code prevents taxpayers from multiplying their breaks with a non-grantor trust, unless the entities have different beneficiaries, according to the white paper. But assigning each benefactor a trust fills other reasonable purposes, beyond the available tax savings.

“If I came to Steve and said, ‘I only have one child, but here’s what I want you to do, Steve: I want you to draft three trusts. One trust pays the child when he’s 30, one trust pays the child when he’s 40, and one trust when he’s 50,'” Keebler said. “My guess is the government would consolidate that under 643(f). They would crush us.” 

“But, on the other hand,” he continued, “if I came with three children, and we have three legitimate trusts separately, the reason we’re setting them up is so that the children don’t have anything to fight about with distributions. The last thing an 80-year-old parent wants to hear is his children whining because the beneficiary of trust No. 1 went to law school, the trust paid for it, and another beneficiary of that trust went to tech school and the bills are 80 times different. And the parents in their 50s are upset about that. If they’re all in separate trusts, you keep better family harmony. There are plenty of reasons to do that, but you can stack up these exclusions. That is a beautiful and powerful thing.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Accounting

Continuous Auditing Transforms Corporate ERPs

Published

on

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.

Continue Reading

Accounting

U.S. Imposes New 50% Tariffs on Canadian Imports Under Rare Legal Provision

Published

on

U.S. Imposes New 50% Tariffs on Canadian Imports Under Rare Legal Provision

WASHINGTON — In a major escalation of cross-border trade friction, U.S. President Donald Trump has signed executive orders imposing new 50% tariffs on a wide selection of Canadian exports, citing discriminatory practices by Ottawa targeting American auto, dairy, and beverage industries.

The new duties, announced Monday, will take effect in 30 days. They target a broad spectrum of consumer and industrial goods—ranging from wine, liquor, and milk products to commercial cement, furniture, clothing, and hockey equipment.

Untested Legal Mechanism

To enact the sweeping measures, the administration invoked Section 338 of the Tariff Act of 1930—a rarely used legal provision allowing the executive branch to levy additional tariffs of up to 50% on foreign nations deemed to discriminate against U.S. commerce.

White House officials noted that Section 338 addresses trade discrimination rather than national security or economic emergencies. The move comes months after prior global emergency tariffs faced legal challenges in domestic courts, signaling Washington’s pivot toward alternate statutory authorities to maintain import duties.

Senior administration officials briefed reporters that the measure directly responds to Canadian provincial bans on U.S. alcohol, restrictions on American vehicle exports, and import quota disparities affecting U.S. dairy and cheese producers relative to third-party trading partners.

“While the administration continues to secure reciprocal trade agreements globally, Canada retaliated against efforts to protect domestic industry,” U.S. Trade Representative Jamieson Greer stated.

USMCA Impact and Carve-Outs

Significantly, the newly ordered 50% duties will apply to designated items even if they otherwise comply with the United States-Mexico-Canada Agreement (USMCA).

However, the administration confirmed key targeted exemptions:

  • Energy products (including oil and natural gas)
  • Potash and critical minerals
  • Fish and seafood
  • Goods already governed by sector-specific duties (such as existing steel and aluminum tariffs)

Administration representatives emphasized that the tariffs do not stem from recent disputes concerning drifting Canadian wildfire smoke, noting that policy options regarding environmental spillover remain under separate review.

Canadian Response and Market Reaction

Following the White House announcement, the Canadian dollar experienced a sharp decline against the U.S. dollar, falling approximately 0.4% during evening trading.

Canadian Prime Minister Mark Carney issued a statement emphasizing that Canada’s earlier counter-duties had merely matched previous U.S. trade actions. “Canada stands ready to engage intensively to address outstanding issues with the U.S. to the mutual benefit of our citizens,” Carney stated, pointing to detailed proposals Ottawa submitted to modernize the USMCA framework.

Ontario Premier Doug Ford took a firmer stance, urging a “dollar-for-dollar” reciprocal response if the measures go into effect on August 19.

With a 30-day implementation window before the duties officially lock in, industry associations and trade groups on both sides of the border are calling for urgent bilateral negotiations to avert further supply chain disruption across North America.

Continue Reading

Accounting

Automated Continuous Auditing: Transforming Compliance and Real-Time Financial Oversight

Published

on

Transforming Compliance and Real-Time Financial Oversight

The traditional accounting paradigm—defined by periodic monthly closures and post-hoc annual audits—is rapidly giving way to continuous, automated financial oversight. As of July 2026, forward-thinking accounting practices and multinational corporate finance departments are leveraging continuous auditing systems powered by advanced machine learning models. These systems monitor operational transactions in real time, shifting audit methodologies from sample-based post-analysis to absolute, 100% transaction-level verification.

The operational advantages of continuous auditing are transformative. Standard auditing procedures historically relied on statistical sampling, which, despite rigorous methodology, inherently left gaps where anomalies or fraudulent transactions could go undetected for months. Modern continuous auditing platforms integrate directly with enterprise resource planning (ERP) databases, instantly cross-referencing purchase orders, invoices, bank feeds, and tax records. Any deviation from established control parameters or unusual transaction behavior triggers immediate flags for internal audit teams, dramatically reducing detection lag from quarters to seconds.

Beyond fraud prevention, continuous auditing fundamentally alters internal reporting and decision-making. Executive leadership no longer has to wait weeks after the close of a quarter to evaluate precise financial standing; real-time verified ledger data provides an uninterrupted view of operating margins, tax liabilities, and cash flow dynamics. This real-time visibility enables corporate controllers to adjust capital allocation strategies dynamically, mitigating liquidity constraints and capitalizing on emerging commercial opportunities far more efficiently than competitors bound to legacy reporting cycles.

However, implementing continuous auditing requires accounting professionals to acquire new analytical capabilities. The role of the auditor is evolving from manual data reconciliation toward system validation, algorithmic model governance, and strategic risk interpretation. Accounting firms and corporate finance departments must invest in continuous technical education, ensuring that audit staff possess the data engineering skills necessary to design, maintain, and evaluate complex automated compliance systems.

Continue Reading

Trending