In this short video, Abbey Flaum explains the importance of having a financial power of attorney.
For more information reach out to your client service team or call 404.264.1400.
Watch here: https://youtu.be/pE419Nm3wRs?si=eBzNaQ3VyZORrhwq
by Abbey Flaum
In this short video, Abbey Flaum explains the importance of having a financial power of attorney.
For more information reach out to your client service team or call 404.264.1400.
Watch here: https://youtu.be/pE419Nm3wRs?si=eBzNaQ3VyZORrhwq
by Abbey Flaum
In this short video, Abbey Flaum explains what is included in your estate and the planning that is needed.
For more information reach out to your client service team or call 404.264.1400.
Watch here: https://youtu.be/YndKle43_DQ?si=czO5kSchK6zhWA51
by Abbey Flaum
In this video, Abbey Flaum explains the ever-changing estate tax laws and how they currently affect you.
For more information reach out to your client service team or call 404.264.1400.
Watch here: https://youtu.be/9RrL7STZ-Lo?si=iDVF88OPHx2OiRrz
by Abbey Flaum
You helped your son by making the down payment on his new home for him.
You opened a joint account with your daughter so that she may learn about money management while you keep a close eye on her activity.
You loaned money to your brother at a below-market interest rate.
There is nothing to do from a tax reporting perspective, right? Well, no…
First, I would be remiss if I did not mention that there may have been better ways to achieve the specific goals targeted in the above-described scenarios, but the point here is that such scenarios highlight the need to understand gifts and when to file a gift tax return.
You might think you can make gifts to anyone in any amount and not even give a second thought to tax reporting; however, the United States government imposes a limit on the value an individual may transfer without incurring a 40% gift tax, and as of January 1st of this year, that limit (the “exemption”) is $12,920,000. This exemption amount is per donor, not per recipient, and it is for cumulative gifts made during your lifetime. If Congress does not amend the 2017 “Tax Cuts and Jobs Act,” the exemption will be cut to somewhere in the $6-7 million range on December 31st, 2025, so many wealthy individuals are collaborating with their advisors to plan gifts now that consume a majority or all of their exemptions.
In addition, the “freebie gifts,” or gifts that do not consume any of one’s exemption. These include:
Annual Exclusion Gifts: Everyone is allowed to gift the “annual exclusion” amount (currently $17,000/donor/recipient/year) to as many recipients as s/he would like each year.
Gifts to Political Organizations: The gift tax does not apply to a transfer to a political organization (defined in §527(e)(1)) for the use of the organization.
Educational Gifts: Any amounts paid as tuition to an educational organization directly for any individual may be unlimited in value and do not consume one’s gift exemption (I.R.C. 2503(e)(2)(A)).
Gifts to Charities: There is no gift tax applicable to transfers to any civic league or other organizations described in §501(c)(4); any labor, agricultural, or horticultural organization described in §501(c)(5); or any business league or other organization described in §501(c)(6) for the use of such organization, provided that such organization is exempt from tax under §501(a).
Medical Gifts: Any amounts paid directly to a medical care provider for any individual may be unlimited in value and do not consume your gift or estate tax exemptions (I.R.C. 2503(e)(2)(B)). This includes any expense for which one could claim an income tax deduction for medical expenses, including, but not limited to, preventative care, treatment, surgeries, dental and vision care.
Just because a gift uses your exemption does not mean that you do not have to file a gift tax return (Federal Form 709) for the gift in question. In fact, if you read the instructions for the Federal gift tax return, it is far easier to discern who does not need to file the return than who does. The instructions provide that you are not required to file if you made no gifts during the year to your spouse, you did not give more than [$17,000] to any one recipient, and all the gifts you made were of present interests. We could devote an entire article just to what all of this means; long story short, if you made that down payment for your son, opened that joint account for your daughter, loaned your brother those funds at below-market interest, or transferred real or personal property, whether tangible or intangible to anyone, directly or indirectly, you likely made a gift, and you should consult with your CPA about whether you need to file a Federal (and/or state) gift tax return.
For the freebie gifts, your gift tax return reports that you made such gifts to the Internal Revenue Service, and may address the use of a different, complicated tax for which you have a different exemption: the generation skipping transfer tax. For more substantial gifts, your return reports the gifts and explains how much of your exemption(s) you used to make such gifts. This may require the use of valuations and/or appraisals for gifts of real estate, business interests or other assets that do not have a readily determinable market value. The gift tax return is mostly used to simply report gifts to the IRS without any tax due. If you have used all your exemption(s), you might consider making gifts for which gift tax will be owed with your gift tax return, as there may be substantial benefits for your family if you make such gifts now.
Federal gift tax returns, which may not yet be e-filed, are due when your personal income tax return is due – no later than April 15th of the year after your gift was made (when April 15th falls on a weekend or legal holiday, the due date will occur on the next business day). You may request an automatic six-month extension by filing Form 8892, or if you extend your calendar year Federal income tax return, your gift tax return filing deadline will automatically be extended as well.
If you have any questions or would like to discuss further, please reach out to your client service team, or call 404.264.1400.
Important Disclosures
This article may not be copied, reproduced, or distributed without Homrich Berg’s prior written consent.
All information is as of date above unless otherwise disclosed. The information is provided for informational purposes only and should not be considered a recommendation to purchase or sell any financial instrument, product or service sponsored by Homrich Berg or its affiliates or agents. The information does not represent legal, tax, accounting, or investment advice; recipients should consult their respective advisors regarding such matters. This material may not be suitable for all investors. Neither Homrich Berg, nor any affiliates, make any representation or warranty as to the accuracy or merit of this analysis for individual use. Information contained herein has been obtained from sources believed to be reliable but are not guaranteed. Investors are advised to consult with their investment professional about their specific financial needs and goals before making any investment decision.
©2023 Homrich Berg.
by Abbey Flaum
Now that we are a few months into 2023 with spring break on the mind, many families will inevitably think about what numerous people consider when preparing to board a plane: whether their wills are in good shape. Not only should this question be top of mind, but, as a major tax milestone is now less than two years away, so should the question of how the current federal estate and gift tax laws affect your planning.
Current Federal Gift and Estate Tax Laws
Married United States citizen couples continue to enjoy the ability to gift any amount of value amongst themselves without paying any gift tax. The amount that an individual may transfer to non-spouse beneficiaries (an individual’s “exemption”) is now $12.92 million; total per donor – not per recipient.
This exemption may be used during life for gifts above the annual exclusion (see below for more on this), at death for bequests, or in combination. If you give $2.92 million to your children this year, that leaves $10 million of exemption remaining to make additional gifts or bequests. The exemption will increase slightly in 2024 and 2025 with inflation, and then, if the pertinent schedule established under 2017’s “Tax Cuts and Jobs Act” remains in place, the exemption will effectively be cut in half on December 31, 2025, leaving Americans with an estimated $6.8 million exemption. Currently, for every dollar transferred in excess of one’s exemption to non-spouse recipients, forty cents is paid in the form of gift or estate tax to the United States government (or significantly more if the transfers are to grandchildren and younger generations).
Nearly $13 million, or even $7 million, is very significant, and the estate tax may be no concern of yours. Remember, though, that your “estate” for gift and estate purposes is comprised of all of your assets, including your checking, savings, money market, investment and retirement accounts, the value of your home(s) and other real estate you may own, the death benefit of your life insurance policies, your tangible personal property…everything.
The 2025 decrease to the gift and estate exemptions does not mean that you will owe tax if you give away more than $7 million before 2025, but it does mean that if a $6.8 million exemption will be insufficient to shield your estate from estate taxes at death, now is the time to work with your advisors to explore whether gifting to take advantage of the current laws is right for you, and how.
A Few Gifts to Think About
The “annual exclusion” is a freebie in the gifting world. Anyone may give up to the annual exclusion amount ($17,000 in 2023) to an unlimited amount of individuals (or to certain types of trusts benefiting individuals) each year, without consuming his/her gift exemption.
Other “freebie” gifts include medical and educational gifts. Any amounts paid directly to a medical care provider or educational organization for any individual may be unlimited in value and do not consume your gift or estate tax exemptions.
After exhausting the above-explained, applicable gifts, one may want to consider larger gifts to individuals or to irrevocable trusts for the benefit of certain individuals. Trusts allow you to establish rules for who will be in charge of gifted amounts, how those amounts may be administered and distributed, and who may benefit from the gifted assets. They may also allow for the provision of certain additional tax and asset protection benefits for your beneficiaries.
Your wealth advisors should be able to project reasonable growth of your assets and anticipated cash needs, they may help you to determine if you should be gift planning and how much you can afford to gift, and they should work with your attorney and tax account to properly structure gifts in the best way possible to meet both your personal and tax planning needs.
If you have any questions or would like to discuss further, please reach out to your client service team, or call 404.264.1400.
Important Disclosures
This article may not be copied, reproduced, or distributed without Homrich Berg’s prior written consent.
All information is as of date above unless otherwise disclosed. The information is provided for informational purposes only and should not be considered a recommendation to purchase or sell any financial instrument, product or service sponsored by Homrich Berg or its affiliates or agents. The information does not represent legal, tax, accounting, or investment advice; recipients should consult their respective advisors regarding such matters. This material may not be suitable for all investors. Neither Homrich Berg, nor any affiliates, make any representation or warranty as to the accuracy or merit of this analysis for individual use. Information contained herein has been obtained from sources believed to be reliable but are not guaranteed. Investors are advised to consult with their investment professional about their specific financial needs and goals before making any investment decision.
©2023 Homrich Berg.
by Abbey Flaum
Parenting and running a business are, in many ways, parallel experiences.
From the time a baby is conceived, we plan to ensure the child enters this world under optimal circumstances. We consult with experts during pregnancy to learn how we should eat, the right amount of exercise and supplements we should take. We contact pediatricians, buy cribs and car seats, and arrange for childcare. Once the baby is born, it is our job and privilege to nurture the child, physically and emotionally; to clothe and feed him/her, teach him/her right from wrong, support him/her to learn from mistakes, applaud achievements and participate in his/her education. Then, one day, when the child is grown, we must send him/her off into the world with the understanding that our child will encounter obstacles, but we hope and put confidence in the fact that all the planning and preparation we devoted to this child’s upbringing will allow him/her to thrive in society.
Similarly, we pour our blood, sweat, and tears into the establishment of a business. We meet with consultants, perform research, and develop business plans. Once the business is established, we do all we can to foster its development into a thriving and well-respected enterprise. We experience blunders, celebrate successes, and hopefully improve upon the business as a result. Then, one day, the time must come to relinquish control and hope all our planning and devotion to the business will result in its future success.
When the worlds of parenting a child and a business collide in the context of transitioning the business to younger generations, the strengths and weaknesses of both entities have a way of showing their true colors, resulting in success or ultimate failure of the business, of family cohesiveness, and of the founder’s legacy. Of course, the legal transition structure and documentation is critically important, but so, too, is the internal family side of the transition. Families must focus on whether there is a clear choice for the “right” family member to succeed the current business leader, and consider if that choice based on merit, birth, gender or something else; whether the children sit in a circle daily, holding hands and singing kumbaya, plot one another’s downfall, or something in between; whether members of the next generation all pining for control of the business out of self-interest and greed, or if they truly care about the business and the strength of the family; whether spouses, in-laws, friends and advisors in a family member’s circle are asserting their opinions and influence; whether any family members harbor unaddressed resentment about past events; whether there is an ingrained level of entitlement among certain family members that cannot be unwound.
All these considerations combine to create the ultimate question: how do we preserve peace in the transition of a business to the next generation to ensure that both the family and the business prosper?
Clarify Focus
There is a common story of business owners who were not present in their children’s lives because they were working. Nights, weekends, weeks, months, or years spent away from the family, missing soccer games, recitals, birthday parties and tucking the kids in at night. Often, they rationalize this absence by explaining that it resulted from their love for their families; their creation of wealth for the family is their way of showing love and devotion to the family. An idealist might call this behavior “wrong” or an example of misplaced priorities, but there are indubitably business owners whose love language is providing for the family financially. If the end goal, though, is solely to make the most money possible for the family, the family business is not as likely to thrive as it might otherwise be.
Guccio Gucci founded a small leather shop in the early 1900’s and successfully transitioned his single man shop into a family business when his sons joined the company, and Gucci became a world-renowned fashion powerhouse. Upon his death, Guccio Gucci bequeathed his business to his sons, but because of lack of communication and planning, feelings of entitlement, sibling rivalry and pure greed, the Gucci family was ousted from the company by private equity.
If the end-goal is focused on a happy family working together to preserve a legacy, there may be promise for the business’ intra-family succession. Truett Cathy, with help from his family, grew his chicken sandwich business into that multi-billion-dollar enterprise whose product we all inevitably crave on Sundays: Chick Fil-A. A tenet of the Chick-fil-A company policy is a focus on family and community. As a result of the dedication to the company’s focus on being “better” – better employers, better people, better product, and service providers – it has grown to be one of the largest, most successful restaurant chains in the United States.
We should not disregard the importance of focus on the actual business of the business, but if one accepts the idea that a focus on the family’s happiness and development over revenue generation may foster success of the business and the family, he must also accept that, like all relationships, maintenance of the relationships among family members in the business will involve the use of time, money, and effort. Important points in working toward this goal include:
Governance and Planning
If a business owner accepts the idea of “family first,” and commits to devoting resources to promote understanding and cooperation among family members, he must also focus on governance. Just as a written succession plan is an absolute necessity for the seamless transition of the ownership and management of any business, so, too, is the family meeting vital to fostering a cohesive family unit (which, in turn, fosters the emergence and growth of a successful family business). The relationships of supportive, functioning families – like any strong relationship – require intentionality.
Family meetings should start early – even before younger generations are involved in the business – and be held often enough to keep family members regularly engaged with one another and clued into business matters. These meetings do not have to – and should not – always include every member of the extended family; rather, they should regularly involve a core group, to be expanded occasionally to keep the broader family unit at least tangentially involved and connected. Remembering that the purpose of these meetings is to devote the work necessary to maintain the family as a well-functioning unit. If certain members of younger generations will one day be involved in leadership of the business, their participation in such meetings may translate into positive results for the business itself.
Certainly, “business” should be discussed in these meetings. Though, other important topics regarding both the family as a whole and individual family members should also be included:
This list is by no means exhaustive, as family meetings should be an appropriate venue for family members to seek guidance or resolution about anything on their minds from their family; their team. An ever-developing tangible product of family meetings will hopefully include a family mission statement; an explanation of who the family is, what their general beliefs are, and their governing principles. The mission statement may serve as a guidepost for family standards and serve to deepen the intra-family connection by providing a common sense of purpose. Taking the mission statement one step further, a family constitution is critical for the family that is serious about making their familial and business relationships work: it is a document providing rules in line with the family’s mission statement, establishing family goals, and provides processes for decision making and achieving goals. A family constitution is not only an excellent product of family meetings, but the discussion, debate, reflection and examination required to establish the constitution may produce more enduring benefit to a family than the constitution itself.
For family meetings to be productive exercises and to have discussions from such meetings result in a worthwhile mission statement and constitution, families should consider the following:
Just as families will hire lawyers and consultants to structure and draft necessary and appropriate business succession documents, they may also consider engaging therapists, financial experts, lawyers, and other professionals to participate in family meetings, to provide structured focus and clarity.
Often, business founders and leaders are so devoted to the everyday matters of their business that they do not devote considerable time to thinking about the family, or about a formal succession plan. Their hearts are not necessarily set on moving to the beach and playing golf every day; they feel the need to stay involved forever. Unfortunately, forever is not possible, and if business leaders desire to avoid an unexpected fire-drill to arrange succession during a crisis, they must devote work to both the business and to the family, helping them to achieve an optimized, well thought-out, structured transition.
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Important Disclosures
This article may not be copied, reproduced, or distributed without Homrich Berg’s prior written consent.
All information is as of date above unless otherwise disclosed. The information is provided for informational purposes only and should not be considered a recommendation to purchase or sell any financial instrument, product or service sponsored by Homrich Berg or its affiliates or agents. The information does not represent legal, tax, accounting, or investment advice; recipients should consult their respective advisors regarding such matters. This material may not be suitable for all investors. Neither Homrich Berg, nor any affiliates, make any representation or warranty as to the accuracy or merit of this analysis for individual use. Information contained herein has been obtained from sources believed to be reliable but are not guaranteed. Investors are advised to consult with their investment professional about their specific financial needs and goals before making any investment decision.
©2022 Homrich Berg.