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Non-grantor trusts could stack big tax breaks under OBBBA

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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.”

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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Accounting

Modernizing Internal Controls: Machine Learning and Continuous Monitoring in Auditing

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Internal audit departments and corporate risk managers are modernizing internal control frameworks by shifting from periodic sampling techniques to continuous monitoring and machine learning analytics. As operational data volumes increase across enterprise organizations, automated control testing ensures financial integrity, prevents corporate fraud, and streamlines annual audit engagements.

The Limitation of Periodic Audit Sampling
Historically, internal and external auditors evaluated internal controls by reviewing random samples of financial transactions—often analyzing less than five percent of total ledger entries. In complex enterprise environments, periodic sampling methods carry inherent risks of overlooking localized financial misstatements, unauthorized disbursements, or operational control breakdowns.

In 2026, progressive internal audit functions are utilizing automated continuous monitoring platforms that evaluate one hundred percent of financial transactions in real time. Continuous control auditing systems continuously monitor general ledger entries, procurement approvals, and expense reimbursements across all operating subsidiaries.

AI-Powered Fraud Detection and Anomaly Identification
Machine learning models trained on historical corporate financial data excel at identifying subtle transactional anomalies that indicate potential fraud or operational error. Automated systems instantly flag duplicate invoice payments, unapproved vendor creation, unusual journal entry timing, and unauthorized override of authority thresholds.

When an anomaly is detected, the automated auditing platform generates an instant risk alert, allowing internal audit teams to investigate root causes immediately. Early detection prevents minor operational errors from escalating into material weaknesses in financial reporting.

Streamlining External Audit Preparation
Continuous internal control monitoring delivers significant benefits during annual external financial audits. External audit firms can review continuous audit logs and automated control testing documentation, reducing the time required for manual field testing.

This integrated approach lowers overall audit compliance fees, reduces administrative burdens on corporate accounting staff, and provides senior management and audit committees with real-time visibility into the organization’s overall risk profile.

Core Implementation Guidelines
1. Transition to 100% Data Testing: Replace legacy sampling methods with automated continuous audit monitoring systems.
2. Deploy Anomaly Detection Algorithms: Implement machine learning models to identify unauthorized transactions and operational control overrides.
3. Align Internal and External Audit Workflows: Coordinate continuous control testing protocols with external auditors to optimize annual compliance cycles.

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Accounting

Automated Tax Compliance and Global Regulatory Harmonization in 2026

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Corporate tax accounting departments are navigating an era of unprecedented regulatory complexity as global tax harmonization frameworks take full effect alongside real-time digital tax reporting mandates. Tax directors and accounting teams are adopting cloud-based tax compliance automation tools to manage multi-jurisdictional tax liabilities and satisfy stringent reporting rules across international jurisdictions.

Implementation of Global Minimum Tax Provisions
The implementation of international tax reform agreements—notably the Pillar Two global minimum tax framework—has reshaped multinational corporate tax planning. Multinational enterprises with consolidated revenues exceeding established thresholds must ensure an effective tax rate of at least 15% across every jurisdiction in which they operate.

Accounting teams are implementing specialized tax calculation modules integrated directly into enterprise resource planning (ERP) platforms. These automated tools calculate effective tax rates per country, identify top-up tax liabilities, and generate standardized compliance documentation required by national tax authorities.

Real-Time Digital Invoicing and E-Reporting Mandates
Tax authorities across Europe, Latin America, and Asia-Pacific have enacted mandatory electronic invoicing (e-invoicing) and continuous transaction controls (CTC). Under these systems, corporate transaction data must be submitted electronically to government portals in real time at the point of sale or invoice issuance.

This shift toward continuous digital tax reporting eliminates traditional annual tax audits in favor of ongoing automated compliance monitoring. Accounting departments are upgrading invoicing software to ensure seamless XML data formatting, digital signature authentication, and real-time validation against tax authority databases.

Automation and Data Analytics in Corporate Tax Strategy
To keep pace with dynamic tax legislation, tax departments are transitioning from reactive compliance teams to proactive strategic advisors. Machine learning algorithms analyze corporate transactional data to identify tax credits, research and development (R&D) incentives, and cross-border transfer pricing adjustments.

By automating routine tax return filings and calculations, corporate tax directors can focus on long-term capital structuring, evaluating the tax implications of corporate mergers, and optimizing international supply chain networks.

Strategic Priorities for Tax Executives
1. ERP System Upgrades: Ensure enterprise software is capable of generating real-time, granular tax data required for global minimum tax compliance.
2. E-Invoicing Integration: Implement scalable e-invoicing platforms to satisfy regional continuous transaction control regulations.
3. Strategic Tax Analytics: Utilize predictive tax modeling tools to evaluate structural changes in corporate operations and cross-border trade.

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