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Trusts that could help wealthy clients’ estate plans

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The end of the “stretch” strategy, possible sunset of the Tax Cuts and Jobs Act and opportunities for qualified small business stock offer investors potential savings through trust strategies.

A charitable remainder unitrust or annuity trust could help inherited individual retirement account heirs push back the additional income and accompanying taxes; a non-grantor trust can tap into the tax-free capital gains of up to $10 million for qualifying small business stock; and a grantor retained annuity trust may assist in freezing the value of their estate, according to Aaron White, chief growth officer of Pleasanton, California-based Adero Partners. Earlier this year, he wrote a guide to the many kinds of trusts that could assist high net worth estates.

Two of the strategies for the consideration of financial advisors, tax professionals and their clients come with especially timely components. Implementation of the new rules from the Secure Act obligates most IRA beneficiaries to take required minimum distributions next year and empty the accounts within a decade of inheriting them — a giant shift from being able to stretch the new income out in small portions over their lifetime. And the expiration of many provisions of the 2017 tax law at the end of next year means that more estates could soon face payments to Uncle Sam.

“Every client is going to have different preferences and priorities. When I talk to clients about their financial planning, we want to make sure that they have enough assets to support their lifestyles and potential changes to their lifestyles over time,” White said in an interview. “When they pass, they’ll have to make some choices there as to how their estate is structured.”

READ MORE: Final IRS rules to IRA beneficiaries: Get going on those RMDs already

White’s guide on Adero’s website includes 16 different wealth transfer strategies, a list of frequently asked questions and states that have specific taxes on estates or gifts, as well as three case studies explaining the applications of the planning methods. “Family governance and communication,” which is an often-tense area of estate planning that’s also euphemistically referred to as “family dynamics,” carries at least as much importance as tax strategies and knowledge of all of the different acronyms.

“Establishing frameworks for managing family assets and making financial decisions is essential in generational estate planning,” White wrote. “This may involve creating family constitutions, establishing family offices and appointing trustees or advisors to oversee the management of assets. Communication and education are also critical components. It can be beneficial to involve family members in discussions about wealth management, financial responsibilities, and the values that guide the family’s legacy.”

For some wealthier clients, the influx of their deceased parent’s IRA may loom large in their overall taxes. Assigning an IRA to a charitable remainder unitrust or a charitable remainder annuity trust with the heir as the beneficiary would remove the applicability of the new 10-year rule and delay that income for as much as 25 or 35 years, according to White. Clients with heavy holdings of highly appreciated stock could use these trusts as a means of spreading out their capital gains over a longer time span, too.

The clients can decide how much of the trust will transfer to the charity of their choice and the amount that will go to their heir. The annuity version provides fixed distributions, while the unitrust enables additional contributions after setting up the trust and payments based on an annual revaluation of the assets. IRS rules state that the trusts have to remove between 5% and 50% of the assets each year. 

Savings “from a tax-planning standpoint” stem from “being able to spread that out over multiple decades versus 10 years,” which is especially handy for clients in the top brackets during prime earning years, White said. “They don’t want to take the IRA distribution over the last 10 years of their working careers. They would rather delay it.”

READ MORE: Excluding capital gains of $10M — or more — from taxes with QSBS

Clients receiving qualified small business stock could use a non-grantor trust that, unlike a grantor entity, gets its own exclusion from capital gains taxes, White noted. 

The trusts bring protection from lawsuits and creditors, with a “simple version” that is “required to distribute all annual income to beneficiaries, must retain trust principal and cannot make gifts to charitable organizations” or a “complex” type that “may accumulate income, distribute trust principal and make charitable gifts,” he wrote in the guide. The client who set up the trust gives up control of the assets to an independent trustee, but the entity represents an irrevocable, finished transfer outside of their estate that becomes a separate taxpayer.

For younger holders of startup company stock as founders or early employees or other clients “who are concerned around the future growth in their estate,” a grantor retained annuity trust can remove the appreciation from the equation, White noted. 

The short-term entities of two to four years return the contributed assets plus interest to most grantors who can then forward them into a new grantor retained annuity trust. The appreciation flows to the trust’s beneficiary, who can keep those assets in another trust. In the process, the grantor avoids using any portion of their lifetime exemption for gift and estate taxes.

In thinking through the many available strategies, advisors and their clients must decide how much their households will need for the day-to-day and foreseeable future, the extent they expect beneficiaries to find their own sources of income when they grow into adulthood and the level of charitable giving they would like to set aside to chosen causes, according to White. 

Each topic and strategy evokes specific questions about their goals and the particular requirements for the underlying trust entity. For example, the grantor retained annuity trust entails legal expenses and repeated valuations that add up — except when compared to the price of a 40% tax haircut on the largest estates, White said.

“There are some costs, certainly, to each time you set up these GRATs,” he said. “The math pencils out pretty well when you consider the long-term benefits for clients and their families.”

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Accounting

FASB proposes guidance on accounting for government grants

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The Financial Accounting Standards Board issued a proposed accounting standards update Tuesday to establish authoritative guidance on the accounting for government grants received by business entities. 

U.S. GAAP currently doesn’t provide specific authoritative guidance about the recognition, measurement, and presentation of a grant received by a business entity from a government. Instead, many businesses currently apply the International Financial Reporting Standards Foundation’s International Accounting Standard 20, Accounting for Government Grants and Disclosure of Government Assistance, by analogy, at least in part, to account for government grants.

In 2022 FASB issued an Invitation to Comment, Accounting for Government Grants by Business Entities—Potential Incorporation of IAS 20, Accounting for Government Grants and Disclosure of Government Assistance, into GAAP. In response, most of FASB’s stakeholders supported leveraging the guidance in IAS 20 to develop accounting guidance for government grants in GAAP, believing it would reduce diversity in practice because entities would apply the guidance instead of analogizing to it or other guidance, thus narrowing the variability in accounting for government grants.

Financial Accounting Standards Board offices with new FASB logo sign.jpg
FASB offices

Patrick Dorsman/Financial Accounting Foundation

The proposed ASU would leverage the guidance in IAS 20 with targeted improvements to establish guidance on how to recognize, measure, and present a government grant including (1) a grant related to an asset and (2) a grant related to income. It also would require, consistent with current disclosure requirements, disclosure about the nature of the government grant received, the accounting policies used to account for the grant, and significant terms and conditions of the grant, among others.

FASB is asking for comments on the proposed ASU by March 31, 2025.

“It will not be a cut and paste of IAS 20,” said FASB technical director Jackson Day during a session at Financial Executives International’s Current Financial Reporting Insights conference last week. “First of all, the scope is going to be a little bit different, probably a little bit more narrow. Second of all, the threshold of recognizing a government grant will be based on ‘probable,’ and ‘probable’ as we think of it in U.S. GAAP terms. We’re also going to do some work to make clarifications, etc. There is a little bit different thinking around the government grants for assets. There will be a deferred income approach or a cost accumulation approach that you can pick. And finally, there will be different disclosures because the disclosures will be based on what the board had previously issued, but it does leverage IAS 20. A few other things it does as far as reducing diversity. Most people analogized IAS 20. That was our anecdotal findings. But what does that mean? How exactly do they do that? This will set forth the specifics. It will also eliminate from the population those that were analogizing to ASC 450 or 958, because there were a few of those too. So it will go a long way in reducing diversity. It will also head down a model that will be generally internationally converged, which we still think about. We still collaborate with the staff [of the International Accounting Standards Board]. We don’t have any joint projects, but we still do our best when it makes sense to align on projects.”

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Accounting

In the blogs: Questions for the moment

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Fighting scope creep; QCDs as the year ends; advising ministers; and other highlights from our favorite tax bloggers.

Questions for the moment

  • CLA (https://www.claconnect.com/en/resources?pageNum=0): One major question of the moment: What can nonprofits expect from future federal tax policies?
  • Mauled Again (http://mauledagain.blogspot.com/): Not long ago, about a dozen states would seize property for failure to pay property taxes and, instead of simply taking their share of unpaid taxes, interest, and penalties and returning the excess to the property owner, they would pocket the entire proceeds of the sales. Did high court intervention stem this practice? Not so much.
  • TaxConnex (https://www.taxconnex.com/blog-): What are the best questions to pin down sales tax risk and exposure?
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): In Surk LLC v. Commissioner, the Tax Court was presented with the question of basis computations related to an interest in a partnership. The taxpayer mistakenly deducted losses that exceeded the limitation in IRC Sec. 704(d), raising the question: Should the taxpayer reduce its basis in subsequent years by the amount of those disallowed losses or compute the basis by treating those losses as if they were never deducted?

Creeping

On the table

  • Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): What to remind them, as end-of-year planning looms, about this year’s QCD numbers.
  • Parametric (https://www.parametricportfolio.com/blog): If your clients are using more traditional commingled products for their passive exposures, they may not know how much tax money they’re leaving on the table. A look at possible advantages of a separately managed account. 
  • Turbotax (https://blog.turbotax.intuit.com): Whether they’re talking diversification, gainful hobby or income stream, what to remind them about the tax benefits of investing in real estate.
  • The National Association of Tax Professionals (https://blog.natptax.com/): Q&A from a recent webinar on day cares’ unique income and expense categories.
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): For larger manufacturers, compliance under IRC 263A is essential. And for all manufacturers, effective inventory management goes beyond balancing stock levels. Key factors affecting inventory accounting for large and small manufacturing businesses.
  • U of I Tax School (https://taxschool.illinois.edu/blog/): What to remind them — and yourself — about the taxation of clients who are ministers.
  • Withum (https://www.withum.com/resources/): A look at the recent IRS Memorandum 2024-36010 that denied the application of IRC Sec. 245A to dividends received by a controlled foreign corporation.

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Accounting

PwC funds AI in Accounting Fellowship at Bryant University

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PwC made a $1.5 million investment to Bryant University, in Smithfield, Rhode Island, to fund the launch of the PwC AI in Accounting Fellowship.

The experiential learning program allows undergraduate students to explore AI’s impact in accounting by way of engaging in research with faculty, corporate-sponsored projects and professional development that blends traditional accounting principles with AI-driven tools and platforms. 

The first cohort of PwC AI in Accounting Fellows will be awarded to members of the Bryant Honors Program planning to study accounting. The fellowship funds can be applied to various educational resources, including conference fees, specialized data sheets, software and travel.

PwC sign, branding

Krisztian Bocsi/Bloomberg

“Aligned with our Vision 2030 strategic plan and our commitment to experiential learning and academic excellence, the fellowship also builds upon PwC’s longstanding relationship with Bryant University,” Bryant University president Ross Gittell said in a statement. “This strong partnership supports institutional objectives and includes the annual PwC Accounting Careers Leadership Institute for rising high school seniors, the PwC Endowed Scholarship Fund, the PwC Book Fund, and the PwC Center for Diversity and Inclusion.”

Bob Calabro, a PwC US partner and 1988 Bryant University alumnus and trustee, helped lead the development of the program.

“We are excited to introduce students to the many opportunities available to them in the accounting field and to prepare them to make the most of those opportunities, This program further illustrates the strong relationship between PwC and Bryant University, where so many of our partners and staff began their career journey in accounting” Calabro said in a statement.

“Bryant’s Accounting faculty are excited to work with our PwC AI in Accounting Fellows to help them develop impactful research projects and create important experiential learning opportunities,” professor Daniel Ames, chair of Bryant’s accounting department, said in a statement. “This program provides an invaluable opportunity for students to apply AI concepts to real-world accounting, shaping their educational journey in significant ways.”

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