Estate/trust Flashcards

(56 cards)

1
Q

Inheritance tax

A

Tax on person receiving the money or property

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2
Q

Death tax (estate tax)

A

Tax on person giving the money or property upon death. Does not apply to everyone (35%-40%)

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3
Q

When is death tax applied

A

On ALL of the specified amount over 5M for singles and 10M for adults

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4
Q

What is exempt from estate tax?

A

Estates left to a spouse or a charity

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5
Q

Gift tax

A

35% on any transfers of wealth over 13000 Within one year

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6
Q

Stepped-up basis

A

After death tax, the value of your estate upon death becomes the new original value

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7
Q

3 parts of a trust

A

Thruster/grantor/settlor, trustee, beneficiary

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8
Q

What kind of relationship is a trust

A

Fiduciary (meaning there is a caretaker), someone acting in the grantors best interest

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9
Q

Two types of trust

A

Revocable living trust (changeable when alive)

Irrevocable trust- unchangeable and determined from will

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10
Q

Number one benefit of a trust

A

Any assets in a trust bypass the asset probate process when someone dies, something you can’t do with a basic will.

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11
Q

QTIP trust

A

Qualified terminable interest property

–Where the spouse gets all of the estate until she dies and it is willed from there

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12
Q

Estate tax formula

A

Estate-gifts to charity- part given to spouse= estate amount

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13
Q

Freezing preferred stock

A

Est a call price via buy back clause, an option on the stock certificate. Nobody will pay more for the stock than what the call price is

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14
Q

What should you give to charity?

A

High appreciated things because charities don’t pay income tax and thus don’t pay tax on the gain

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15
Q

String

A

People involved in things implicitly . Incidents of ownership

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16
Q

Joint tenancy

A

Things are split 50/50 on death, for instance house between spouses

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17
Q

Major helper in estate tax planning is….

A

Preferred stock because we can do whatever we want with pref stock

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18
Q

What is a way to give large donations tax free?

A

Use debt,
Issue a bond to to te charity (ex JBU). Jbu lends and all the money and we pay it back with interest, charity, and the face amount. Genius

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19
Q

Adverse party

A

A person involved in a trust who has to give permission for a grantor to be involved in his own trust….a mommy for trusts

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20
Q

Corpus (trust principal)

A

Asset within a trust

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21
Q

Crummy Power

A

Purpose is to qualify gifts to a trust for annual exclusion from gift tax.
Beneficiary allowed to withdraw money for a period of time (example, a month) to qualify for present interest under gift tax

But when they don’t accept the money, it is like the kid “gives the money to the trust” by not accepting it. The giver gives the gift and the money instead goes into a trust (Irrevocable life-insurance trust) for life insurance where it is made to pay premiums on life insurance to give the beneficiary beaucoup bucks upon death of the grantor, while making sure the estate taxes are at a minimum.

The giver can already have negotiated with the receiver now so both parties benefit.

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22
Q

Bypass trust/b trust/credit shelter

A

Reduce or bypass estate taxes via irrevocable trust

Hold asset of 1st spouse and wife does too in order to avoid losing tax exclusions

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23
Q

Charitable lead trust

A

A trust set up to pay a charity every yr until the end of the trust life. The remaining funds go to selected beneficiaries
If fixed income, an annuity trust
If a %, its a unitrust

24
Q

Charitable remainder trust

A

CRAT and CRUT payments made to beneficiaries each yr until end of the yr. The remainder to charity

25
Living trust
Grantor is trustee and beneficiary. Used to avoid probate and provide asset management during disability
26
Disposition
Getting rid of an asset via direct sale
27
Major dif btwn revocable and irrevocable trust
Ability to change and completion of gift for tax purposes
28
Prenuptial
Deciding in advance who really owns what in a married couple in case of divorce
29
A put vs a call
Put is where the buyer has control over the price. Call is the owner over the price
30
to contest
to argue against something
31
executor
appointed to execute a WILL!!
32
Purposes of a trust
Avoid probate (time because it can take a while for things to be hashed out) and its more immediate, and its cheaper and if someone has sticky family issues.
33
ILIT
irrevocable life insurance trust, usually set up via the crummy power to buy life insurance so that the beneficiaries don't receive the gift right now but rather that gift goes toward the premium for the life insurance, of which they will receive at a later time.
34
When is it cheaper to give, life or after life?
LIFE, because once you die, there is a STEPPED UP BASIS. oh dam.
35
It's always important to never use just the word tax
there is income taxable and there is estate tax, both of which are separate from one another
36
exclusion
everyone gets 5.34 million of tax free estate/gifts in a lifetime
37
Trusts are like people meaning...
they pay income tax and the trustee of the trust must fill out a fiduciary return
38
all dividend income from a trust is....
INCOME TAXABLE, nigga
39
tenants by entirety
surviving spouse becomes owner of everything
40
stepped-up basis
any appreciated item that occurs in one's life. UPON DEATH, THE FMV at date of death is new basis. STRATEGY: HOLD ON TO APPRECIATED THINGS, get ride of those deps antes de morir!!!
41
Devise
when real estate is left through a will
42
Bequest
giving assets via a gift by the will When given to charity "A legacy gift"
43
Endowment
a bequest used for a SPECIFIC purpose
44
adjusted basis
FMV-Adjusted basis
45
charitable donations max amount
only can give to up to 50% of AGI every year
46
Gift tax vs Estate Tax
Gift tax is during life, estate during death.
47
when is a gift complete?
when the owner has no more power to revest titles (example: Example death or irrevocable trust)
48
bona fide
honest, genuine, IN GOOD FAITH
49
ways to evaluate the worth of a business
1. Net assets method (equity) 2. Capitalize earnings (used by IRS), making business worth the highest to tax a lot. make into asset earnings/risk factor= the return on investments multiple by 6 (For a brand new business multiply net income by 3) 3. Goodwill calculation
50
testate vs intestate
with a will, or without a will
51
Dowry
money brought into a marriage
52
Estate tax with gen skip and gift
Estate and gift are separated from generation
53
Medicaid
income must be below a specified amount. State run. Every state is different.
54
Medicare
for older people. Federally run
55
Biggest expense of Rental property
depreciation
56
SSI
Supplemental security income. - pays benefits to disabled adults and children who have limited income and resources. - also payable to people 65 and older without disabilities who meet the financial limits. People who have worked long enough may also be able to receive Social Security disability or retirement benefits as well as SSI.