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Charity at Home is Important, too!

12/15/2025

 
​Holiday greetings again, everyone!  Before all your families arrive in a week or so, and your households rival the Griswolds' in "Christmas Vacation" - though, gosh, I hope not! - I want to pass on a few year-end ideas that perhaps you haven't heard before or at least recently.  Of course, if you're already up to speed about these tidbits from years gone by, then that's what the "delete" button is for.  On the other hand, these messages go out to almost 1,000 of you and it's hard to keep track of when each of you came or went from this esteemed group. 

First off, I'm sure you're all aware that we can each give up to $19,000 to each of our family members (or lucky friends) each year, and that a married couple of any gender persuasion can double that amount even if only one of them is actually coming up with the funds to do so - that's up to $38,000 per recipient if my math is still reliable.  This is called the annual gift tax exclusion and it will remain at that level in 2026.

In addition, though, each of us has a lifetime gift and estate tax exemption of $15,000,000 (that's no typo), so a married couple has a total of $30,000,000 to work with for lifetime gifts and/or estate tax values.  If you're worried that this may not be enough to cover your potential tax liability, then congratulations!  For most of us, though, this should allow for as liberal gifting and generosity as we're likely to need.  The way it works is that if our annual exclusion gifts to anyone exceed $19,000 (or $38,000 for marrieds) per recipient, we'll just be using up a portion of our lifetime $15M, and we'll need to file an IRS Form 709 to report those excess gifts.  We don't pay any tax, however; the return is solely to allow the IRS to keep track of how much of our lifetime exemption we've use and how much is left for future gifts or for our estates to claim when that time comes.  

But there are more gifting goodies available, as well.  If we want to pay education (tuition, room & board, travel to and from home and school, etc.) or medical (also dental, optical, therapeutic, etc.) expenses for our favored recipients, we can do so in any amounts without using up any portion of our annual exclusions or lifetime exemptions.  We just need to make sure those payments are made directly to the providers of those services and not to the personal recipients themselves.  No return is even required to report those amounts, though we should certainly keep track of the payments in case we have to prove whether we only paid for legitimate purposes).  Check the IRS website if there's uncertainty about a particular payment (irs.gov).

And finally, if we can't (or aren't inclined to) make a flat-out gift of our funds (because perhaps we'll need them ourselves someday), how about a low-interest loan to a family member, say, for a down payment on a house or to avoid the need for higher-interest education loans that may take years to repay?  After all, the current age for a Gen Zer to be able to buy a house is now about 40 and some people are still paying off student loans they took out 30 years ago.  Just watch Jimmy Stewart's impassioned plea to Old Man Potter in "It's a Wonderful Life" and you'll know what I'm talking about.  Such loans need to be properly documented, of course, but they can be fully or partially forgiven (as gifts in another year) if that becomes an affordable alternative later on.

So, although I often harp on charitable giving this time of year - many of those organizations are like our starving-artist kids after all - charity does begin at home, I've heard.  

That's all for now, I guess, although I'll also reaffirm not to make unwarranted gifts - they're also called scams - to people and organizations you don't know and wouldn't benefit if you did.  Artificial intelligence may be a wonderful concept in many applications, but it's making many scammy solicitations look like the real thing, and if we're not sure about them, then we need to get help before the damage is done and the checkbook is empty.

On that happy note, I'll compensate by wishing you a wonderful time with your families and friends, including a better year for all of us here and around the world who really need it in 2026.

Some Year-End RMD Strategies and a Bit More

10/24/2025

 
​Crispy Fall greetings, everyone!  It's been a while since I've written, so lest you completely forget me and I end up in your spam folder, I want to reconnect and offer some timely advice about those pesky required minimum distributions from retirement accounts (RMDs) that some of us have to deal with this time of year.

First, though, I need to digress and give you something else worth thinking about that can be a trap for the unwary:  If you or others you know are assuming that you/they don't need a will or trust if all the assets are in joint ownership with someone else (like a residence or bank accounts) or have designated beneficiaries (like IRAs or life insurance) - and that because of those arrangements, the assets won't require probate administration and can't be called upon to pay off a decedent's obligations and end-of-life expenses - you/they are seriously mistaken and could be blindsided if not careful.  

That is, if all those assets pass automatically and quickly to others at someone's death - great result, for sure - the assets are by no means exempt from the obligations and expenses I mentioned.  So, if you are a recipient of one of those automatic transfers on death, it will behoove you to make sure that all the decedent's obligations have been satisfied or you could be called upon to return at least a portion of what you've received, in order to satisfy those obligations.  'Nuf said here about that, but please let me know if you have questions about what I've just described.

OK, let's talk RMD strategies.  You'll know who you are if you have this issue to contend with, so I won't bother with the basics.  The problem is that if you just receive a check for whatever that annual amount turns out to be, you're going to pay regular income tax on it unless you take steps to at least soften the blow.  Here are a few of those you might consider.

Probably the lowest hanging fruit is simply to have your IRA administrator make charitable contributions directly from the account to your favorite non-profits - the Peterborough Players is always high on my list - 'cause every dollar that goes to them is one you don't have to include on your IRS return.  Sure, there are limits on these direct payment benefits, but most of us don't have to worry about exceeding them, and even so, I'm not sure whether there's anyone left at the IRS to keep track.

Other possibilities for reducing the tax bite on RMDs is to use the funds to pay for things that are tax-deductible.  So, you could pay your year-end real estate taxes with the funds or prepay interest on a mortgage balance you still owe, or even pay a long-term care policy premium, all of which are deductible and might give you a greater benefit than taking just the standard deduction you've always used. 

Other tactics you might consider are to deposit the RMD back into the account, so the non-taxable portion will start growing again on a tax-deferred basis.  

Likewise, if you have grandchildren and want to help them avoid years of repaying student loans, you might contribute the net RMD funds to so-called "529" accounts for them, and the funds in those accounts will also grow taxed-deferred - even never taxed if the payouts are used to pay for tuition, books, room and board, and other education-related expenses for the young Einsteins.

Finally - and this one is more cutting-edge but perhaps worth a look - you can investigate what's known as a "qualified longevity annuity contract", or QLAC in gov-speak parlance.  This is a kind of annuity you can buy with up to $200,000 (per spouse) from the accounts where RMDs are required and then defer taking payments from the annuity until age 85.  So, that much would no longer be included in calculating your RMD and you wouldn't have to pay tax on the annuity payments until you started taking them.  Of course, you need to make sure the company you buy the annuity from will still be around at that point, but that's a risk anyone who buys life insurance is also taking, and you need to be clear about what happens with the annuity balance if you pass on before you start taking the payments.  You'd certainly want it to go to your designated beneficiaries.  Like lots of insurance plans, there are bells and whistles to consider, so do your homework before making a decision.

And, of course, the most advantageous option from a non-tax standpoint would be to take that RMD and book a nice trip somewhere to enjoy the fruits of all those years contributing to the account.  We just got back from a week hiking in Sicily with our kids and the value of an experience like that is priceless.  Now I'm thinking about Spring training in Fort Myers, but I'm not yet ready to broach that at home.

Gist and Estate Taxes Untangled by Phil Runyon

2/28/2019

 

Gift and Estate Taxes Untangled

This time I want to shed some sunlight on how gift and estate taxes work.  I spend a lot of time dispelling rumors about them that have persisted since Warren Buffet made his first billion, so let's try to clear up some misconceptions.  

The first thing to keep in mind is that we're talking only about federal taxes here.  New Hampshire has no gift or estate taxes at all, even if you really are Buffet-rich.  This State gets you in other ways, particularly if you own real estate, but it leaves gift and estate taxation to the feds.

And the thing to remember about federal gift and estate taxes is that they're closely intertwined.  The way it works is that each of us currently has an "exemption" of $11,400,000 for lifetime gifts and/or date-of-death-transfers that can pass totally tax-free - that number's not a typo.  So a married couple actually has $22,800,000 to work with.  That may be just a drop in the buffet for Warren, but it will keep most of us from having to worry much about even federal taxes.  

As if that wasn't enough, there's also the annual gift tax "exclusion" that allows each of us to make a yearly gift of up to $15,000 in value to each and every other person we choose, totally without tax consequences of any kind.  And if we're married, we can double up on those exclusions, even if only one of us actually makes the gift.

So let's put all this together to see how the taxes dovetail.  Let's say we make a gift of $50,000 to one of our children this year.  That qualifies for the $15,000 annual exclusion and because we're married, we can count $30,000 as qualifying for it.  The remaining $20,000 is then deducted from our lifetime exemption of $11,400,000, so there's no tax due, but now we're all the way down to $11,380,000 to apply to other gifts during lifetime - or to use against the value of our assets at death.  

Then, if we die having $1,000,000 of estate assets and having made no other lifetime gifts above the annual exclusions, our estates will use up another $1,000,000 of our exemption and there will be $10,380,000 left that can be added to the exemption amount our spouse will have available at his/her death.

One caveat, though, is that if an annual gift exceeds the exclusion amount, we do have to file a gift tax return - not because there's any tax due but because the IRS wants to keep track of the amount of lifetime exemption we've used up.

And there's still one more goody.  If we contribute to our children's or grandchildren's school tuitions or uninsured medical expenses (or anyone else's, for that matter), those payments, whatever the amounts, don't even count toward our annual exclusion gifts.  We just have to be sure to make the payments directly to the school or medical provider.


Oh, sure, there are a few twists and turns about what I've said - after all, the tax code makes the Manhattan phone book look like a pamphlet - but if you've hung in here this long, you've got the big picture.  The main takeaway is that most of us can be as generous with our needy children and grandchildren as we can afford to be, even if that benevolence far exceeds the annual $15,000 exclusions.

posted 02/28/2019

Seasonal Generosity by Phil Runyon

12/5/2014

 

Seasonal Generosity

There's just so much going on during the weeks leading up to the holidays that it's hard to see your way through.  One important task, though, is to try to help out those organizations that depend on us for their very survival - and I'm not talking about the stores at the mall on Black Friday.  I mean the local food banks, daycare centers, hospice and healthcare facilities, as well as our favorite cultural places that make living here so rewarding.  All you have to do is visit nearly anyplace else, and you come home appreciating what a bonanza of riches we have here - and too often take for granted.  
 
So amid all the holiday cards and parties, and the double-checking of your naughty/nice lists, here are a couple of ideas you might post on the fridge where you'll see them each time you top off your eggnog.
 
Even though your bank balance may also be stressed out these days, most organizations will let you use plastic to make your contributions.  That way, you can get your deduction this year and take until MLK Day (OK Easter) to pay off the charge.  You'll probably also earn points you can use for your next trip to Bermuda (OK Foxwoods).
  
If your investments have done well this year (if they haven't, you may want to put "interview new advisor" on your New Year resolutions list), you can toss a few shares of one of your big winners to a deserving organization, and you'll get credit (and a deduction) for the full current value without having to pay a nickel of capital gains tax on all the appreciation.  
 
Even if you don't have financial resources to spare, you can thin out your closet and donate all those things you got last year and haven't worn, then take a deduction for their reasonable value.  Believe me, I see lots of people every day who could use your outgrown winter coat or the ones your kids would no longer be caught dead wearing.  Just consult the NH Charitable Foundation's website for how to document those contributions and ensure the write-offs.

Finally, how often do we feel like we have to come up with a little something for people who really don't need anything at all from us - maybe our in-laws or the party hosts who already have enough banana bread?  Instead, why not make a contribution to an organization you know they value?  They won't have to re-gift what you give them and they'll probably be impressed that you took the time to give the situation some real thought.

There are lots of other ideas, too - like a $2 weekly payroll deduction to the United Way - but if you're considering more upscale concepts like donor-advised funds, charitable gift annuities or remainder trusts, let me know.  I can help with those, too.  These ideas are just the low-hanging fruit of generosity.  The key consideration is that no gift is too little to small, struggling organizations that depend on each and every dollar they receive.  Just make sure you think about that before you have an epiphany on New Year's Day and have to wait another year for the deduction.



Posted 12/05/2014 - Tax Planning

NH's Real Estate Tax Explainted by Phil Runyon

5/23/2014

 

NH's Real Estate Tax Explained

Like it or not, your town's real estate tax bills will be arriving soon.  So, as you grit your teeth and start mumbling about why we need so many police cruisers and school desks, I'll try to divert your attention with answers to some commonly-asked questions about how the local tax process works in New Hampshire.

First of all, being the non-conformists we are, New Hampshire real estate taxes are based on an April 1 to March 31 year.  Just think of it as a "mud season" tax year and you'll be able to remember those dates. The first tax bills usually arrive about June 1, for payment within 30 days, but no one knows what the real taxes will be at that point, so those first installments are half of the total you paid last year. The final tax rates aren't set until the Fall, so the second half bills that arrive in November, for payment in December, make the necessary adjustments to what was paid the first time around.  If taxes increase a bit each year, as they tend to do (say, because the town needs a new cruiser), then the second half bill will be a little more than the first installment.
 
Alright, so what if the assessment of your property is just way more than you think it should be; what can you do about it?  Well, the first thing to do is to check the town's information about your homestead to make sure it's accurate - one estimate I received is that as many as two-thirds of properties have assessments based on factual errors that could be costing you serious money.  I mean, If they've got you down for 4 bedrooms and 3 baths, but you only have 3 and 2, then you need that error corrected in order to pay what you should.  But you won't see that information on your tax bill itself.  You either need to march down to the tax collector's office, or check the records online if your town makes the information available that way. In Peterborough those records can be accessed from the town's website, or you can call Leo Smith in the tax office at 924-8000, ext. 132.   

Then, what other factors affect your overall assessment?   Well, I'm sorry to inform you that if you work really hard to keep your home freshly painted and nicely landscaped. you're not only going to be thanked by your neighbors, but also by the tax collector, because those efforts are likely to be rewarded with a higher assessment than if you let all the weeds grow and the paint flake off.  Also, if you cut some trees so you can see Mount Monadnock or get a nice view of the Contoocook, your assessment will surely be inflated for those breath-taking intangibles, too.  Likewise, if the inside of your home looks like a recent shoot for Architectural Digest instead of a hoarder's hovel, you'll get bonus points on your assessment for those efforts, as well.  That all makes sense, though, because you'd get more for your place on the open market, too, and fair market value is what the assessor is going for.
 
People also wonder about the impact of additions and improvements.  If you pull a building permit for a $10,000 kitchen overhaul, that won't necessarily add $10,000 to the total value.  The assessor will come out to take a look, and the decision will be based primarily on the square footage involved and the quality of the workmanship and components rather than what you wrote on the permit application.  Additions of bedrooms or bathrooms seem to impact assessments the most, as they probably would the selling price.  If it's any consolation, the assessors do have tables and charts for these determinations, so they're not just ballparking it.
 
OK, after all that, what if the bottom line is that you think your assessment is still way too high?  The key thing to remember is that it's not the total value that matters; it's how that total compares to what the assessors think about properties comparable to yours.  If they're coming up with the same approximate values for your friends' estates of the same size and condition, also with bonus features like views, and tucked into quiet leafy neighborhoods, then you're probably all in the same expensive tax boat.  If your pals seem to be getting preferential treatment, however, then you need to marshall your facts and get your abatement application on file with the town by March 1 - or you'll just have to grumble, write that big check, and wait another year.



Posted 05/23/2014 - Tax Planning

Deductive Thinking by Phil Runyon

2/22/2013

 

Deductive Thinking

Maybe you're taking an exploratory peak at your income tax return and trying to see whether all those fiscal cliff shenanigans really ended up saving or costing you money.  Either way, I suspect you could use another deduction.

I'll start with the premise that many of us spend a considerable amount of time working for the charitable and non-profit organizations that make living around here a special thing.  We write them our checks, which we routinely report on Schedule A, but we probably also make significant donations of our goods and services that are also worth toting up.  That is, if we drove in furtherance of the organization's work, we can deduct $.14 per mile for those trips (if we can reconstruct exactly when and where we went, of course).  If we donated something to one of their auctions (wine, tickets, artwork), we can deduct its fair market value (but we need something to establish that - most organizations provide that verification).  Even if we donated flowers or decorating materials or refreshments for, say, the Peterborough Players spectacular auction (one of the area's great annual events!), we can write off the cost of those if we kept our records.  Unfortunately, although our time is always the most valuable contribution we make, the IRS assumes we'd fudge those figures, so they just say, no dice, whether we can prove all those hours or not.

If the deductible amounts add up to less than $500, we don't need to file anything extra to claim the deductions - just keep our records in case someone at the IRS doesn't have enough to do.  If we want to claim more than that - maybe you gave public radio your VW bus with the peace sign - we can certainly do it, but there are other forms to file and appraisals or certifications of value to get.  Check the instructions for the details.  

The point, though, is that we shouldn't quit doing our good deeds for all those organizations that count on us, but we don't need to shoot ourselves in the foot either.  It won't cost the organizations anything for us to claim the in-kind deductions we're entitled to, and that will leave us with more to give them in cash!

Posted 02/22/2013

A Unique Idea by Phil Runyon

2/8/2013

 

A Unique Idea

I've mentioned a number of times that we can all make annual gifts to our family members without incurring any gift tax consequences, if we restrict our generosity to the exclusion limit.  That's been $13,000 per person per year for several years now, but the new tax law kicks that figure up to $14,000.  OK, maybe that's beyond the reach of some folks, so how about this:  We can also pay school tuition for our children and grandchildren in any amount without incurring gift tax penalties.  So if your progeny have gotten themselves accepted at prestigious institutions of higher learning, or, say, at Mountain Shadows or Dublin School, to name a couple of prestigious local learning emporiums, you can pay the kids' tuition there (or any portion thereof), without tax consequences, as long as you send the checks directly to the registrar's office.  That last part is critical.
  
But what if your tykes don't have current tuition obligations, and you know you're not going to be able to write five figure tuition checks when the college bills start coming due?  Consider setting up a so-called "529 College Savings Plan" for each of the budding Einsteins.  You can make it happen for as little as $15 per month per child - and you can set it up to have an automatic deduction made from your account to fund each plan.  Think of it like an education Christmas Club if you're old enough to remember those, but it's even better because the funds grow tax-free, and there's likely to be no tax due even when the cash is ultimately paid out to defray those tuitions.  
 
Fidelity Investments administers these plans in New Hampshire under the name "The UNIQUE College Investing Plan", but you can also survey the offerings of other states and participate in their plans if you prefer what you see there.  You can even switch an account to another child if the original beneficiary decides on the school of hard knocks instead of someplace with ivy all over it.  

My personal testimonial is that I've got 4 brilliant and adorable grandkids who aren't yet ready to apply for early decision, but will now have something toward their mind-numbing tuition bills when the time comes.  And the fact that the plan contributions disappear from my account in modest monthly tidbits keeps those bites from drawing blood.

There are lots of rules I can't describe here, but you can easily work through them if you're motivated to make a difference for your offspring.  I suggest you either Google "529 Plans" or go directly to www.fidelity.com/unique or try 1-800-544-1914.  Your little students will appreciate the effort someday, and you'll get a warm and fuzzy feeling every month when the statement arrives to confirm your investment in their future.

Posted 02/08/2013

Food For Year-End Thought by Phil Runyon

11/1/2012

 

Food For Year-End Thought

We've got about 2 months to go before the end of the year, which is when all our current estate and gift tax goodies are due to expire.  Some of what happens at that point will surely depend on who's in the White House and which party controls Congress - no comment there - and it's just too difficult to assess those odds at this point.  Instead, what we should all be doing, in my view, is making the most of what we've still got to work with over these next 8 weeks.  That includes annual gift tax exclusions of $13,000 per person; a lifetime gift tax exemption of $5,120,000; and a generation-skipping transfer tax exemption of like amount.
 
So, what should we actually be considering?  At the very least, if we can afford it, we should be making annual gifts (up to $26,000 per person if split with a spouse) to everyone within our spheres of beneficence - children and grandchildren anyhow, but sons- and daughters-in-law, too, if we see fit.  If it's been a particularly good year, we can give beyond those amounts, as well, with the excess not triggering any tax, just reducing our lifetime exemptions somewhat. 

Keep in mind also that we can pay school and college tuitions for our budding geniuses, or cover their uninsured medical expenses, in any amounts, without those funds being counted against our gifting totals.  We just have to make sure the payments are made directly to the schools or medical service providers, not to our family members.  That's not just a good idea, it's what the IRS requires for those direct payments to be exempt from gift consideration.

As for how to structure our generosity, we can simply hand over a check if the lucky recipient is an adult and seems financially responsible.  If there are kids on the gift list, we can contribute to Uniform Transfers to Minors Act accounts for them - most banks can set those up if the kids don't already have them. Those accounts are supposed to be turned over to the kids at 21, but I hung onto my kids' funds for several more years, just for good measure, and they didn't sue me.  Of course, securities or other assets can also be transferred, with their current market values used to determine the gift amounts.

Finally, if you want to be really creative, and you've got the assets to spare, you can set up an irrevocable "dynasty" trust for the kids, grandkids, great-grandkids, great-great (you get the picture), and use up even more of your lifetime gift and generation-skipping tax exemptions.  Such a trust can go on nearly forever, without further estate or gift tax at each subsequent generation, and it can be a real resource for your progeny when they need a helping hand.  

The point, though, is, don't let this fertile season of gift opportunities pass without at least considering the possibilities.



Post 11/01/2012

Charity Can be Self-Serving by Phil Runyon

6/11/2012

 

Charity Can be Self-Serving

Like me, I'm sure all of you have favorite non-profits that you try to help whenever you can.  Maybe the hospital, hospice or youth center, the local arts, music and theater organizations (can't forget the historical society and conservation groups!), and the schools that helped us get where we are today.  They all certainly need our help right now, what with public funding sources cut way back or entirely MIA, and with their regular supporters struggling to stay afloat themselves.  So consider this a plug for all those organizations, particularly the local ones - our area would be a completely different - and much less wonderful - place without them.

 But there can also be quite a lot in this for us, too, besides the the warm inner glow we feel when we help out.  Current gifts provide help right away, as well as income tax deductions, of course, and the excess can be carried over if it's more than we can take in one year.  However, charitable giving can also provide us with income we never had before if we play our cards right.  Let's say, for example, that you were smart enough to buy Apple when it was just a blossom.  Now it's exploded and there's Apple-sauce everywhere; but you can't sell it without giving back a sizable chunk of the profits on Schedule D.  Except for feeling like an investment wizard, you're not getting much to show - like dividends! - for your early confidence and savvy judgment. 

 So, what to do?  Consider a "charitable gift annuity" with your organization of choice.  Turn over some (a bite?) of the Apple to the non-profit; they will sell it without any capital gain tax, because they're tax-exempt after all; and they'll pay you an annual income for the rest of your life.  The rate of return will be based on your age when you set up the CGA, but I guaranty it will be much more attractive than what you're now getting from a CD or a money market fund or a US Treasury.  And you'll get a charitable deduction right away for the residual amount the non-profit will receive when you're no longer in need of income, if you get my drift. 

What if your organization has no CGA to offer?  That's actually the case with most of our small area non-profits.  Don't give up, though, because you can do the same thing through the New Hampshire Charitable Foundation.  They'll do everything I just described and pay you themselves, then keep making an annual payment to your favorite non-profit long after you've gone to your reward.  

Of course, you can instead (or also) make a charitable bequest in your will or trust, or make the lucky non-profit a beneficiary of some or all of your retirement plan benefits or life insurance proceeds.  Those options will help them out, too, but you won't have the income or the income tax deduction in the meantime.  My point is, why not have it both ways.

And here's my final point about charitable giving in general:  Instead of your kids feeling like they got cheated out of some of your largess when they see you providing for worthy organizations, they may actually be inspired to follow in your footsteps - which would make this a triple play!

(Posted June 11, 2012)

Estate and Gift Tax Update by Phil Runyon

2/17/2012

 

Estate and Gift Tax Update

You are probably aware that until the end of 2012, the estate, generation-skipping transfer (GST) and gift tax rate is 35 percent, and that each individual has a lifetime exclusion for all three types of taxes of $5 million (indexed after 2011 for inflation).

The surviving spouse of a person who dies after December 31, 2010, may also be eligible to increase the surviving spouse’s exclusion amount by the portion of the predeceased spouse’s exclusion that remained unused at the predeceased spouse’s death (in other words, the exclusion is “portable”).  For example, if the predeceased spouse's estate used only $3 million of his or her $5 million exclusion, the surviving spouse's estate would be entitled to an exclusion of $7 million.

However, under the current law, after 2012 the tax rate and tax brackets, the amount of the exclusion, and the law governing these three types of taxes will revert to the law in effect in 2001.  Portability of the exemption between spouses for both gift and estate tax purposes also will no longer apply.  If you recall, in 2001 the maximum tax rate was 55 percent, and the exclusion for estate and gift tax purposes was a lowly $675,000.  The Administration’s proposal would make permanent the estate, GST, and gift tax parameters as they applied during 2009.  Thus, the top tax rate would be 45 percent, and the exclusion amount would be $3.5 million for estate and GST taxes, and $1 million for gift taxes.  The portability of unused estate and gift tax exclusions between spouses would be made permanent.  The proposal would be effective for the estates of decedents dying, and for transfers made, after December 31, 2012.

Keep in mind that this is just a proposal.  As with every other aspect of the budget proposal, this one will be hotly debated and may look entirely different when the final vote is taken.  In the meantime, though, there may be planning opportunities that could be lost if not used prior to the end of this year.  For example, if the gift tax exclusion is currently $5 million but reverts to $1 million after December 31, there would be $4 million worth of tax-free gifts forfeited.  Likewise, if the current GST exclusion of $5 million is not used before year-end and reverts to $3.5 million, there would be an opportunity loss of $1.5 million.

(Posted February 17, 2012)

    Phil Runyon

    Phil Runyon has been practicing law in Peterborough, NH, for over 50 years. He has regularly sent out emails to his clients, keeping them updated on changes in the law that effect estate planning, and writing about other relevant concepts or planning techniques.

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