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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

Small businesses saw modest growth in jobs and pay in November

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Small business jobs growth remained steady in November, while workers’ wages grew only slightly, payroll provider Paychex reported Tuesday.

The Paychex Small Business Employment Watch found hourly earnings growth of 2.97% and weekly earnings growth of 2.84% for workers. Job growth occurred in the areas in the Southeast affected by recent Hurricanes Helene and Milton. Construction job growth in Florida increased 2.55 percentage points to an index level of 99.95. Weekly hours worked in North Carolina (-0.81%) were down in November, but one-month annualized growth rebounded among sectors following Hurricane Helene.

“The states that were impacted by the hurricanes took a pretty big dip right after that happened,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex. “But that’s usually the case that we’ve seen for many of these sorts of events that it bounces right back quickly.”

Paychex office

Texas gained 1.22 percentage points as its jobs index climbed to 101.60, which led states for job growth in November. Dallas (101.07) and Houston (100.94) ranked first and second, respectively, among top U.S. metros for job growth in November.

The Midwest (100.62) remained the top region for small business employment growth for the sixth consecutive month.

Hourly earnings growth in Tennessee (3.98%) ranked first among states in November, marking the first time Tennessee has ranked first since reporting began more than 10 years ago.

Probably due to workforce composition changes due to recent hurricanes, Tampa (4.84%) jumped to No. 1 among the top U.S. metropolitan areas for hourly earnings growth in November.

“If you look at the sectors, the leisure and hospitality sector is the softest,” said Fiorille. “The construction and professional business discipline was up the most this past month. Wages are still under that 3% number. We haven’t seen much of a jump on that.”

Paychex has also been tracking numbers for workers who switched jobs or stayed at their jobs. It saw a large jump in pay for those who switched jobs early in the pandemic, but the differences in pay compared to those who remained at their jobs have narrowed in recent years. 

“Especially during COVID, when the labor market was really tight, it was a pretty big gap,” said Fiorille. “People who switched jobs were seeing a pretty big increase in wages. We’re seeing that really compressed to where now there’s almost not much of a gap at all, which validates that the labor market, while still being strong, has definitely cooled a little bit from the last few years.”

He thinks accountants should keep their small business clients informed about the possible tax changes that may occur next year when the Trump administration takes office in Washington. Other important topics include artificial intelligence, privacy and beneficial ownership information reporting.

Small businesses should also be aware that the Biden administration’s expanded overtime rule was struck down in a federal court in Texas in November. The rule would have made an estimated 4 million more people eligible for overtime pay, but the judge ruled that it improperly made overtime dependent on their wages and not their job duties.

Under the rule, starting Jan. 1, 2025, most salaried workers who make under $1,128 per week, or $58,656 per year, would become eligible for overtime pay. The rule temporarily raised the threshold on July 1, 2024 to salaried workers who earn under $844 per week, or $43,888 per year. Overtime pay will now revert to the old level of $684 per week, or $35,568 per year, which was set in 2019 under the first Trump administration after another federal judge struck down a more expansive rule from the Obama administration.

The Department of Labor is appealing the judge’s decision, but it will be up to the incoming Trump administration and its nominee for Secretary of Labor to decide whether to continue to appeal or to set another overtime rule. 

“It does really impact a lot of businesses,” said Fiorille. “We’ll see what happens.”

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PCAOB sanctions Weinstein International CPA for audit, quality control violations

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The Public Company Accounting Oversight Board today announced it settled a disciplinary order sanctioning Weinstein International CPA and its sole partner, Idan Weinstein, for audit and quality control failures.

The PCAOB found that during three different audits, the firm and Weinstein committed multiple violations, including failing to obtain sufficient audit evidence, exercise due professional care and professional skepticism, and resolve inconsistencies with respect to related party transactions, intangible assets and cash balances. 

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“To protect investors, the PCAOB will not hesitate to take enforcement action against auditors who fail to perform audits in accordance with PCAOB rules and standards,” PCAOB chair Erica Williams said in a statement.

The firm also failed to establish, implement and monitor adequate quality control policies and procedures to ensure firm personnel would comply with professional standards. Weinstein, as the firm’s owner, directly and substantially contributed to the violations. 

“This case highlights the PCAOB’s continued commitment to hold auditors accountable for failures to approach their audits with due professional care and professional skepticism, particularly when the failures involve multiple audits and inconsistent audit evidence,” Robert Rice, director of the PCAOB’s Division of Enforcement and Investigations, said in a statement.

The sanction is the latest in a long line of increased enforcement efforts by the PCAOB, including sanctioning five firms for reporting violations last month. In September, it settled sanctions against four firms for failing to make required communications with audit committees, as well as one firm for violating reporting requirements. The board previously sanctioned Baker Tilly, Grant Thornton Bharat, Mazars and SW Audit in February, as well as three firms in November 2023 and five firms in July 2023.

Without admitting or denying the findings, the firm and Weinstein consented to the disciplinary order, which:

  • Censures them;
  • Bars Weinstein from being an associated person of a registered public accounting firm, with a right to petition to re-associate after three years;
  • Revokes the firm’s registration, with a right to apply to re-register after three years; and, 
  • Requires the firm to review and certify its quality control policies prior to submitting any future registration application.

The PCAOB would have imposed a joint and civil money penalty of $75,000 but did not do so after considering the firm and Weinstein’s financial resources. 

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Accounting

M&A roundup: SolomonEdwards, LGA and Barsz Gowie Amon & Fultz expand

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Barsz Gowie Amon & Fultz LLC, based in Media, Pennsylvania, merged in William E. Howe & Co., effective Dec. 2, 2024. 

Both firms are based in Delaware County, Pennsylvania. The combined firm will include three partners and 70 staff members (58 from BGA&F and 12 from Howe). Financial terms were not disclosed, but after the combination, BGA&F expects to earn over $12 million annually. The deal was arranged by Ira Rosenbloom, chief operating executive of Optimum Strategies.

William E. Howe & Co. has been in business for over 100 years, offering accounting, audit, tax planning and compliance, and advisory services. BGA&F specializes in clients from the real estate industry, medical and dental practices, hospitality and manufacturing businesses. BGA&F dates back to 2017 when Pennsylvania accounting firms Steger Gowie & Co. and Merves Amon & Barsz merged.

“We’re excited to welcome William E. Howe & Co. into the BGA&F family,” said BGA&F ., managing partner William B. Gowie Jr., in a statement. “The merger is a strategic step that enhances our ability to provide comprehensive accounting and advisory services to a broader client base. Together, we are well-positioned to deliver innovative solutions while maintaining the integrity and client-focused approach that have defined both firms.”

The Media office of William E. Howe & Co. will become a BGA&F location, operating under the Barsz Gowie Amon & Fultz name until the lease expires in September 2025. At that time, the office will consolidate with BGA&F’s offices. In addition to Media, BGA&F also has offices in Chadds Ford, Pennsylvania.

“We are proud of the legacy we’ve built at William E. Howe & Co.,” said Herbert I. Berkowitz, CPA, managing partner of William E. Howe & Co., in a statement Tuesday. “This merger allows us to continue that tradition while offering our clients expanded capabilities and resources. We’re confident that our combined expertise and shared commitment to quality will drive even greater success for our clients.”

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