General Review - Questions v2 Flashcards
Does a power of attorney survive death?
NO
Is a former spouse considered a skip person for GST?
NO
Will QTIP or reverse QTIP trust assets be included in the gross estate of the surviving spouse at their death?
YES in both cases
If you make an interest-free demand loan to someone that is less than $100k, what is the total amount of imputed interest you could incur for gift tax purposes?
Cannot exceed the donee’s net investment income if their net investment income is >= $1,000 (if less than $1,000 then nothing)
What assets don’t receive a stepped-up basis at the time of death?
IRD (installment notes, annuity payments, etc.) and retain their tax characteristics
Tenancy by entirety is only available for _____
married couples
If you gift appreciated property, the donee’s basis is the _____ at the time of gift and their holding period is _______
donee’s basis is the donor’s basis and they also get their carryover holding period
If you gift loss property and then it is sold for a gain, the donee’s basis is the ____ at the time of the gift and their holding period is ______
basis is the donor’s basis at time of the gift and their holding period is the carryover period from the donor
If you gift loss property and then it is sold for a loss, the donee’s basis is the _____ at the time of the gift and their holding period is ______
basis is FMV and holding period starts over at the time of the gift
Would a single life annuity in one person’s name be included in their gross estate?
NO - has no further value when that person dies
If you were to gift your son a house 10 years before your death but lived in it pursuant to an agreement with your son, would that house be included in your gross estate at death?
YES because you maintained a life interest in the property
If a spouse receives a bequest of income from a CRAT or CRUT and is the ONLY income beneficiary, do those trust assets qualify for the marital deduction?
YES
The “unholy” trinity refers to what?
when three different people on a life insurance policy are the owner, insured, and beneficiary
If you buy a life insurance policy on someone else and name a third person as the bene, and then the insured dies, how is the death benefit taxed?
as a gift made to the third person
You only are allowed to add a portion of gift taxes paid on a gift of _______ property
GAIN GAIN GAIN GAIN GAIN
Can you gift split even if one spouse has no assets of their own to gift?
YES
Is portability of the estate exclusion available to non spouses?
NO - portability only for spouses
Is a bequest in a will subject to gift tax?
NO
Is a transfer to a revocable trust with a remained interest a taxable gift to the remainderman?
NO - not a completed gift
If you open a joint bank account and instruct the non-contributing party to NOT draw from it until you die, is that considered a taxable gift when you open and fund the account?
NO - not until the non-contributing party draws on the account for their own benefit
Short term disability generally provides coverage for up to _____, LT disability generally for ______ or until ______
ST - 2 years
LT - 2 or more years and until a certain age (usually 65)
Is a van over 10,000 lbs available to be covered under a PAP?
NO
If you buy a van and use it as a delivery vehicle for your business, can that be covered under your PAP?
NO
If a husband leaves his estate to a trust with his wife as the income beneficiary and with a limited (special) power of appointment (e.g. the right to distribute trust assets to their children), does that qualify for the marital deduction?
NO - that is a terminable interest. Would have to be a general power of appointment so she could benefit from it. Keeps it out of the wife’s estate at death as well.