Beneath the Tax Cuts and Jobs Act of 2017, the federal property tax exemption elevated from $5.49 million to $11.4 million per particular person (in 2019). This increase means a married couple can exclude a staggering $22.8 million from property tax!

However this dramatic change has additionally prompted many consumers to query whether or not they nonetheless want an irrevocable life insurance coverage belief (ILIT) if their property is valued under this exemption. The reply is . . . it relies upon. Right here, we’ll study the elements that will decide if shoppers nonetheless want an ILIT, and we’ll additionally dive into the questions you ought to be asking to assist your shoppers make the selection that greatest aligns with their property planning targets.

What Ideas the Scale

To assist your shoppers assess whether or not they nonetheless want an ILIT, begin with the first elements.

Laws. It’s necessary to remember that the federal property tax exemptions are not everlasting. Except the legal guidelines are modified, starting in 2026, the property tax exemptions will sundown and revert to the quantities in place previous to the Tax Cuts and Jobs Act. So, in case your consumer beforehand had an property tax want for an ILIT, that want may return as early as 2026. The lingering query, in fact, is what’s going to happen with property tax laws in 2026 and past.

State property tax. Some states have a separate state property tax, that means a tax could also be due relying on the dimensions of the property. This tax applies to shoppers dwelling in Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington. State property tax charges differ from 12 p.c to twenty p.c, and state exemptions vary from $1 million to $5.6 million. An property valued at $10 million, for instance, is exempt from federal property tax however could possibly be topic to a state property tax.

Property progress. Appreciating property in an property have the potential to generate a future property tax want. Estates that embrace quickly appreciating actual property or possession of a rising enterprise curiosity are in danger for an growing property tax want. As such, a overview of the composition of property in your consumer’s property must be carried out.

The benefits. Trusts present quite a lot of advantages, comparable to asset and creditor safety to each the one who gifted the property and the beneficiaries. If the consumer has minor youngsters as beneficiaries, an ILIT may help handle and defend the property on behalf of these youngsters. ILITs additionally keep away from the expense and inconvenience of probate. Slightly than outright presents to a beneficiary who is just not financially savvy, the trustee of an ILIT can responsibly handle the funds to guard future advantages for the beneficiary.

Inheritance equalization and liquidity. Life insurance coverage may help with inheritance equalization and supply wanted liquidity throughout tough occasions. Typically, estates maintain illiquid property or property which might be tough to divide (e.g., actual property or a enterprise curiosity). The liquidity offered by life insurance coverage may help equalize inheritance amongst beneficiaries by offering money to these beneficiaries who will not be concerned within the enterprise. With actual property and different illiquid property, the consumer may present property to at least one beneficiary and money from the life insurance coverage to a different. This reduces the opportunity of having to promote the property to divide the inheritance amongst a number of beneficiaries. In down markets, reasonably than having to promote the property for a loss to pay the property taxes or divide it for inheritance, life insurance coverage can present liquidity at simply the correct time.

Items. When property are gifted into an irrevocable belief, shoppers typically use annual exclusions or a part of their lifetime present tax exemption to mitigate or get rid of present tax. In correctly structured irrevocable trusts, these property now not belong to the consumer and will not be countable for property tax. Subsequently, termination of an ILIT would outcome within the distribution of property to the beneficiaries, reasonably than returning property to the consumer.

The elements listed right here can be utilized as a framework to information your conversations with shoppers when discussing in the event that they nonetheless want an ILIT. However to take a deeper dive, it’s good to have all of the information.

The Deeper Dive

As , every consumer has completely different targets, and figuring out the necessity (or not) for an ILIT would require asking the next questions.

Future laws

• Are you conscious that the property tax exemption could revert to a decrease quantity starting in 2026? How comfy are you with that danger?

• What property tax fee and exemption would you prefer to plan for?

Monetary

• What’s your present web value? How a lot do you estimate your web value will develop to in 5 years, 10 years, 20 years, 30 years, or 40 years?

• What sorts of property are included within the property? Do you personal quickly appreciating property? Does the property embrace illiquid property?

• Do you personal a rising enterprise?

• What state do you reside in? Is there an relevant state property tax?

Household and beneficiary

• What household dynamics are necessary to contemplate?

• What number of beneficiaries are a part of the inheritance? What are their ages? Are any of the beneficiaries minor youngsters?

• Are there illiquid property that may have to be cut up between a number of beneficiaries?

• Are the beneficiaries accountable? Are they able to making good monetary choices on their very own?

• What’s your loved ones historical past of longevity? How do you view your individual longevity?

What if an ILIT Is No Longer Vital?

When you’ve requested the correct questions and uncovered the related solutions, your consumer could resolve that an ILIT now not is smart. Now what? Working with an lawyer, your consumer does have the choice to change or terminate an ILIT.

Modification. In sure circumstances, a belief may be modified or modified inside its phrases and in compliance with state legal guidelines to higher obtain the specified outcomes. Right here, a generally mentioned technique is belief decanting. With belief decanting, if the state regulation permits, one belief may be poured over into one other belief with up to date phrases extra related to present circumstances.

Termination. An irrevocable belief typically can’t be terminated. However below sure circumstances, an ILIT may be terminated with the help of an lawyer. Some states require judicial intervention to terminate an ILIT. Different states have statutes that enable a termination if all events—the grantor, all beneficiaries, and the trustee—agree.

What In regards to the Life Insurance coverage?

Previous to liquidating and distributing property in an ILIT, the choice must be analyzed with an lawyer to make sure that the trustee continues to fulfill his or her fiduciary duty to the beneficiaries. The evaluation ought to embrace a overview of any current life insurance coverage insurance policies within the ILIT. The trustee might want to consider the life insurance coverage potential demise profit, the coverage construction, and the longer term premiums wanted to keep up the coverage to find out whether or not to maintain the coverage, give up it, or enable the coverage to lapse. Reviewing the age and well being of the insured(s) on the coverage can be useful to mission anticipated longevity and life expectancy to resolve if it is smart to relinquish the potential demise profit. If the money worth is bigger than the price foundation within the coverage, it’ll create a taxable acquire if the coverage is surrendered.

In fact, there could possibly be causes the consumer could need to retain the coverage. If the insured on the coverage has skilled well being issues for the reason that coverage was issued, it’ll restrict his or her potential to acquire a brand new coverage at an identical insurance coverage ranking or in any respect. Older insurance policies issued at youthful ages, with most popular well being scores, typically have decrease premium necessities and are fascinating to protect. When there are different insurance coverage wants for the insured, both private or enterprise, think about transferring or promoting the prevailing coverage out of an ILIT to fulfill that want. With ILITs that include an influence to substitute property, the coverage could possibly be substituted out of the ILIT for an asset of equal worth.

Choices, Choices

These are just some of the probabilities to contemplate when serving to your shoppers make choices about whether or not they nonetheless want an ILIT. We all know that the way forward for property tax charges and exemptions is unsure. However relying on the household dynamics, traits of the property included within the consumer’s property, and the wants of the consumer, an ILIT could proceed to be helpful. As at all times, earlier than making any choices, a greatest apply is for shoppers to overview the specifics of their state of affairs with their authorized advisor.

Commonwealth Monetary Community® doesn’t provide authorized or tax recommendation.