Davidov Law Group

E-Book Download

Call for your complimentary assessment

(516) 253-1366
Call Us Now
E-Book Download

CAN I GIVE GIFTS TO MY CHILDREN TAX-FREE

Davidov Law Group

by

When you hear about the gift tax you may wonder about the details. Are gifts that you give to your children taxable?

Let’s examine the answer to this question.

Gift Tax Parameters

You cannot discuss the gift tax without discussing the estate tax, because the gift tax is unified with the estate tax. In fact, the gift tax would not exist if it was not for the estate tax, because it is in place to close a loophole.

If there was no gift tax, you could give gifts to your loved ones while you are still living to avoid the death tax. This is why there is a gift tax in place.

There is a unified gift and estate tax credit or exclusion. You can transfer assets up to this amount, while you are living or after you pass away, free of taxation. The amount of this exclusion in 2014 is $5.34 million.

The maximum rate of the gift and estate tax is 40 percent.

To explain what this means to you in direct terms, you could give tax-free gifts during your life to your children, or to anyone else, totaling $5.34 million. Anything that you were to give above and beyond this amount would potentially be taxable.

(There is a caveat to the above statement. Gifts to your spouse are totally exempt from transfer taxes.)

Annual Gift Tax Exclusion

You should be aware of the fact that there is an annual gift tax exclusion that exists apart from the unified lifetime exclusion. It is possible to give as much as $14,000 annually to each of your children, or to any other gift recipient, free of the gift tax.

If you give $14,000 or less per person, you would not be using any of your unified lifetime exclusion to give the gifts tax-free.

This exclusion is very useful for those who are exposed to the estate tax. You can give these limited gifts to people who would otherwise be inheriting money from you someday tax-free.

If you use the annual exclusion over a number of years, you can transfer a significant sum free of taxation. As you are doing this, the overall value of your estate is being decreased, and your estate tax exposure is being decreased along with it.

Other Tax-Free Gifts

In closing we would like to touch upon two additional exemptions. You could pay the school tuition for others free of taxation. These educational gifts can be given to any number of people, and there is no limit to the total amount you can give.

You do have to give the gifts directly to the institutions to pay for tuition only, not books or fees.

It is also possible to pay for the medical expenses of others tax-free. This gift tax exemption extends to the purchase of health insurance for the benefit of others.

by

It seems as though you are taxed every time you receive any type of financial boost. For this reason you may assume that you must pay taxes when you receive an inheritance.

In fact, you don’t have to report your inheritance as taxable income. There is however a caveat to this. If you inherit property that appreciates, you have to deal with taxes on the gains.

This does not mean that taxation is not a factor when property is changing hands after someone dies. There is a federal estate tax that would be levied against the entirety of the estate if it is not exempt.

The amount of the federal estate tax exclusion is $5.34 million in 2014. If you arrange for the transfer of assets exceeding $5.34 million, the federal estate tax is a factor. It carries a maximum rate of 40 percent.

Here in the state of New York we also have a state-level estate tax.

An estate tax is levied on the entirety of an estate before it is transferred to the heirs. To explain, let’s provide a simple example as it applies to the federal estate tax.

Suppose you have an estate valued at $10.34 million. You have done nothing to position these assets in a tax efficient manner, so your entire estate is potentially taxable.

The first $5.34 million can pass free of the federal estate tax because of the exclusion. That leaves $5 million that would be subject to the tax. The remainder would be split among the heirs according to your wishes.

Inheritance Tax

An inheritance tax is something that is different from an estate tax, although you may naturally assume that they are the same thing. Fortunately,there is no inheritance tax on the federal level, and we do not have a state-level estate tax in the state of New York.

However, our neighbors in the state of New Jersey have a state-level inheritance tax, and they also have a state-level estate tax. Maryland is the only other state that imposes both of these levies.

As we have stated previously, an estate tax is imposed on the entirety of the estate in question before it is transferred to the heirs. On the other hand, an inheritance tax is paid by each individual heir who is receiving an inheritance.

It should be noted that there are exemptions to inheritance taxes. The laws vary on a state-by-state basis, but in general very close relatives like spouses, parents and direct descendents are exempt.

Tax Efficiency Strategies

If you are concerned about taxes on asset transfers, we would be glad to discuss tax efficiency strategies with you. It may be possible to mitigate your exposure if you take the right steps. Contact our firm to request a free consultation.

by

Medicaid is a vast and complicated program that is of interest to different people for different reasons. It has actually become more difficult to understand since the health care laws have been changed.

In this post we will look at Medicaid in Kew Gardens NY only as it applies to long-term care for senior citizens.

What About Medicare?

When you are planning ahead with your senior years in mind you may not consider the relevance of Medicaid. If you have paid into the program sufficiently throughout your working years while you are paying taxes, you will qualify for Medicare.

Medicare is a health insurance program for senior citizens. Your eligibility kicks in when you reach the age of 65 if you have accumulated at least 40 retirement credits by working throughout your life. You can accumulate as many as four of these credits each year. As a result, the requirement is not that stringent. The vast majority of senior citizens will qualify for Medicare.

Most senior citizens will also need long-term care. The problem is, Medicare does not pay for living assistance. It will pay for up to 100 days of convalescent care only. If you need help with your activities of daily living that are not considered to be medical in nature, you have to look elsewhere for financial assistance.

Medicaid

Medicaid is actually used by most senior citizens who are in nursing homes. This is true even though the majority of people who are using Medicaid to pay for long-term care once qualified for Medicare.

Long-term care costs are extremely high. What do you do if you have spent everything you have on your long-term care but you need more? The answer is that you would qualify for Medicaid.

This is not a very appealing end-of-life scenario, but it is something that many senior citizens are facing today. Many seniors will face it in the future as well.

It is possible to be proactive about the situation by implementing Medicaid planning strategies. Working within the program rules, it may be possible to divest yourself of assets in certain ways well in advance of applying for Medicaid to assist with your long-term care costs.

You do have to look ahead well into the future, because you can be penalized and your eligibility will be delayed if you give away assets within five years of applying for Medicaid.

There are also complicated rules regarding what your spouse may be able to keep if you need Medicaid to help pay for long-term care expenses. Protecting your home from future Medicaid recovery efforts would be another issue that would be addressed within a Medicaid plan.

If you are interested in discussing Medicaid with a licensed Kew Gardens NY elder law attorney, don’t hesitate to contact our firm to schedule your assessment.

by

Estate taxes can significantly erode the wealth that you have accumulated throughout your life. One imposition of the estate tax can play havoc with your financial legacy, but it can actually be levied over multiple generations.

The maximum rate of the federal estate tax is 40 percent at the present time. The amount of the credit or exclusion in 2014 is $5.34 million. If your assets exceed this amount, you should be implementing wealth preservation strategies.

If you can position assets outside of your taxable estate you will be protecting your wealth for the benefit of your family. This can be done through the creation of certain types of trusts.

Revocable vs. Irrevocable

A revocable trust allows the grantor (the person creating the trust) to retain incidents of ownership. If you are the grantor of a revocable trust, you can change the terms at will and even revoke the trust if you want to go this route. The assets that you have conveyed into the trust would then become your personal property once again.

Things are different with irrevocable trusts. You cannot revoke them, and you do surrender incidents of ownership. As a result, generally speaking, assets that have been conveyed into an irrevocable trust would not be part of your taxable estate.

Generation-Skipping Trusts

One type of irrevocable trust that can be useful for those who want to protect family wealth would be the generation-skipping trust. As the name implies, you would make your grandchildren the beneficiaries of a generation-skipping trust rather than your children.

Your children could however benefit from the assets that have been conveyed into the trust. They could receive distributions of income earned by the trust and utilize property held in the trust. Under a special power of appointment they may even be able to make decisions with regard to the actions of the trust.

However, they never technically own the assets that have been placed into the trust. Therefore, their access does not result in estate tax liability.

After the death of the children, the grandchildren inherit the trust. Two generations would have benefited from the trust, but there would be just one round of taxation.

Wealth Preservation Strategies

The generation-skipping trust is just one type of trust the can be used if you want to preserve wealth for the benefit of your loved ones. There are other types of trusts (and other legal devices) that can be useful as well.

If you would like to discuss wealth preservation strategies with a licensed estate planning attorney we invite you to contact our firm to schedule your assessment. We will gain an understanding of your financial position, become apprised of your objectives, and explain your options to you.

by

Estate planning should extend to what could be called end-of-life planning. When you reach an advanced age you may not be able to make all of your own decisions or take care of your own needs. This is not the most pleasant thing to contemplate, but it is a fact of life.

Most elders are going to need some type of assistance, and a high percentage of people suffer from incapacitation at some point in time. According to the Alzheimer’s Association, nearly 45 percent of people who have reached the age of 85 have the disease. Around 13 percent of those who are at least 65 have Alzheimer’s disease.

If you are suffering from Alzheimer’s induced dementia you are probably not going to be able to make good decisions.

Alzheimer’s is not the only cause of incapacity among elders. Clearly, if you want to be fully prepared for the eventualities of aging you should consider the possibility of incapacity late in your life.

Guardianship or Conservatorship

If you do not take action on your own in advance, the state could be petitioned to appoint a guardian or conservator to act on your behalf.

These terms are used differently state-by-state. In some states, a guardian handles personal decision-making for a ward, and a conservator handles financial matters. In others, including New York, a guardian makes both types of decisions.

A guardianship proceeding is something that you probably want to avoid through proactive planning. One of the problems with a guardianship would be that you do not have any guarantees with regard to the selection of the guardian. The court may empower someone that you would never have chosen yourself.

There is also the matter of immediate need. The guardianship proceeding can take time, and this can pose a problem.

Thirdly, family members may disagree with regard to the correct course of action.

Durable Power of Attorney

You can prevent a guardianship proceeding by executing a legally binding document called a durable power of attorney. With this legal device you could name your own hand-picked decision-maker. This person would handle your affairs in the event of your incapacitation, and there would be no need for a guardianship hearing.

Revocable Living Trust

If you were to use a revocable living trust to arrange for the transfer of your property after you die, you could name a disability trustee. This trustee would be empowered to administer the assets that have been conveyed into the trust in the event of your incapacity. Once again, there would be no need to get the legal system involved.

Take Control

When someone becomes incapacitated, the appointment of a guardian may be necessary. Guardianship is not inherently negative; it is in place to serve a purpose.

However, you can render the proceedings unnecessary and take personal control in advance by executing the appropriate legal documents.

by

There is a $5.34 million per person federal estate tax exclusion in 2014. This is the amount that you can transfer to your heirs free of taxation. Anything that you are transferring that exceeds this amount is potentially subject to the federal estate tax.

If you are married, you may have a question about the federal estate tax exclusion: what happens to your exclusion after you die? Can your spouse use your exclusion?

This is the question of portability. Prior to the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 the estate tax exclusion was not portable. Your surviving spouse could not use your exclusion.

However, provisions contained within this piece of legislation made the estate tax exclusion portable for two years (2011 and 2012). Just prior to the sunset of this act a new tax relief act was passed called the American Taxpayer Relief Act of 2012. Under the terms of this measure the portability of the estate tax became permanent. A surviving spouse can in fact use his or her own exclusion and the exclusion that was allotted to his or her deceased spouse.

Portability is available, but it is not something that is automatically given to you by the Internal Revenue Service. A representative of the estate must file IRS Form 706 within nine months of the decedent’s passing to opt for portability. It is possible to request a six-month extension if you need one.

Because of the fact that changes to tax laws often fly under the radar, many people were not aware of the fact that the estate tax exclusion was made portable. This includes some financial advisers. There are also those who did not know about the need to file Form 706 to opt in.

The bottom line is that many people who could have utilized portability missed the deadline.

Portability was not afforded to married gay couples until the recent Supreme Court ruling giving gay couples equal rights with regard to federal benefits. There was an interim during which surviving spouses would have no reason to file for portability, because their same-sex marriages were not recognized.

Because of all of the above circumstances the IRS has decided to extend the deadline for filing Form 706. If the decedent in question died between the beginning of 2011 and the end of 2013, the form will be accepted.

This situation underscores why you should always keep in touch with your estate planning attorney. Tax laws are subject to change, and legislators are always entertaining new ideas.

Estate planning lawyers are up-to-date on current laws and filing requirements. When you develop an ongoing relationship with your attorney, he or she will be there to advise you whenever these relevant changes come down the pike

by

A high percentage of young adults are unprepared from an estate planning perspective. Many of these people are single individuals who do not have children. However, there are also parents of young children who are going through life without any estate planning documents.

This is a huge mistake that is akin to a gamble. You know you are going to die someday, but you expect to live a normal life span. At the present time the average life span of 78 years. If you are in your 20s, 30s, or 40s, you may decide that you will have time to plan your estate later on.

In truth, statistically speaking you probably will have time, but there are no guarantees. Responsible adults consistently take steps to protect themselves from things that probably won’t happen. This is what car insurance and homeowner’s insurance is all about.

Individuals of all ages pass away, and you never know what the future holds. Catastrophic events do happen, and they can happen to anyone.

When you plan your estate you are taking steps to protect your loved ones. Parents of young children should certainly take action.

Nominating a Guardian

Now that we have provided the necessary background information, let’s look at the nomination of a guardian. When you are drawing up your last will as someone who is a parent of minor children you can include such a nomination.

When you do this you are naming someone to care for your child or children in the event of your death.

Of course, if both parents are alive with legal custody, the surviving parent would take over should the unthinkable take place. The nomination of a guardian would become relevant if there was no one left alive who was legally empowered to raise the children.

If you do not nominate a guardian as you plan your estate, the decision could be left in the hands of the state of New York. The outcome may not be consistent with what you would have wanted. In addition to this, everyone in the family may not be on the same page. There can be contentious interactions that ultimately have a negative impact on the children.

Estate Planning Consultation

Just about every parent would tell you that their children come first. They say they would do anything for their children. At the same time, many of these same individuals are going through life completely unprepared for death.

If you would like to take action to put a plan in place for the well-being of your children, contact our firm to schedule your assessment. We will get to know you, gain an understanding of your family dynamic, and ultimately make the appropriate recommendations.

by

Estate planning is an ongoing process. The estate plan that you initially create is going to reflect your life at that time. Things invariably change. In addition to changes within your own life, there can be relevant changes that impact the society as a whole, such as changes to tax laws.

When tax laws change, your existing estate plan may no longer be appropriate. If you are not aware of the lay of the land at all times, your family could ultimately pay a hefty price.

Federal Estate Tax

The maximum rate of the federal estate tax is 40 percent. The imposition of a tax of this magnitude could have a significant impact on the financial viability of your family for generations.

Your estate tax exposure (or lack thereof) will depend on the extent of your assets as they compare to the amount of the federal estate tax exclusion. In 2014 the amount of the exclusion is $5.34 million.

The exclusion is adjusted annually to account for inflation, so you may see a slightly higher figure next year. You should certainly be aware of the exact number, but these relatively small adjustments are probably not going to be enough to render your existing estate plan obsolete.

However, significant changes could come down the pike. For example, last year the White House proposed a budget that would reduce the amount of the estate tax exclusion. It would go down to just $3.5 million in 2018, and the maximum rate would be increased from 40 percent to 45 percent. This $3.5 million/45 percent framework was in place back in 2009.

We would like to emphasize the fact that this was a proposal; it is not a fact of life. However, changes to existing laws are possible. In addition to proposals that would increase the estate tax, there are always legislators that want to reduce it or eliminate it altogether.

As a resident of the state of New York you must be aware of the New York State estate tax as well as the federal estate tax. At the current time the amount of the New York State estate tax exclusion is $1 million. The maximum rate of this graduated tax is 16 percent.

State laws are always subject to change via legislative mandate. You should certainly be aware of the current state-level estate tax parameters at all times.

Ongoing Relationship

When you put your first estate plan in place you should be aware of the fact that it is probably going to need revisions over the years. If you develop an ongoing working relationship with your estate planning lawyer from the start, you can stay in touch and get together for estate plan reviews at regular intervals.

When you are alert and proactive you can be optimally prepared at all times.

by

Thanks to monumental advances in medicine and healthcare, as well as an overall better quality of life in the United States, we are living longer. Although we can all expect to live longer today than our grandparents or great-grandparents did, the cost of living longer may be high. In fact, without long-term care planning, a lifetime of savings could be wiped out in a relatively short period of time.

This infographic provides an informational snapshot of long-term care – its actual costs and why New York long-term care planning is important. Though most Americans are not even thinking about it, the numbers say we should.