The Zero Estate Tax Strategy

April 30, 2006 at 04:00 PM
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I once joined a meeting between a financial advisor and a client who had a $100 million estate. The advisor was sounding the alarm bell about the federal estate tax and proposing that the client purchase tons of life insurance. The client shut down the conversation, briskly stating that he wasn't concerned about the estate tax. His kids would inherit millions, and he didn't want to buy more life insurance.

I stepped in to shift the focus of the conversation with two questions: How do you want to be remembered? And what, besides money, do you want your children to have from you?

Many advisors get so caught up in calculating their clients' potential estate taxes that they lose sight of the people affected by the estate plan. They fail to ask the other important questions not related solely to the estate tax.

I'm not downplaying the estate tax, just trying to lessen its power on how we practice financial planning. Right now, your clients can enjoy a $2 million estate tax exemption per person–$4 million per married couple–for the next three years. That amount currently is projected to be $3.5 million per person in 2009. But the estate tax exemption is a moving target, having been repealed and reinstated seven times.

The strategy I'm about to share will work for high-net-worth clients at any exemption level and any tax rate. The technique will even work if there is no tax at all!

Let's use the following scenario:

o Husband, 76;

o Wife, 74;

o Three children, two of them married;

o Six grandchildren;

o Estate value = $20 million; and

o No formal plan for passing along the husband's and wife's wealth.

This scenario may seem unlikely, but I have seen it all too often. Everyone has an estate plan in place, but only some are by design and the rest are by default. Without going through numerous calculations, we can assume that there is roughly an $8.2 million estate tax liability. So, if both parents are deceased, the children would share in about $11.8 million, or roughly $3.9 million per family member.

Now, let's look at this scenario from an estate planning (rather than an estate tax planning) perspective. For this example, we will assume zero growth on the estate.

Per a standard analysis of current and future financial needs, we identify highly appreciated but low-income producing assets that aren't needed to meet current or future needs. In this hypothetical scenario, the parents transfer $5 million into a charitable remainder trust, or CRT, which will likely result in a significant income tax deduction. The CRT produces income at 7% or $350,000 per year.

The parents then establish a family foundation, which will come into play upon their deaths. They use part of the $350,000 income generated from the CRT to purchase a $12 million survivorship life policy held by an irrevocable life insurance trust or ILIT. They use their annual exclusion gifts, which could be as much as $264,000.

At the death of each spouse, their credit shelter trusts are funded; at today's exemption amount, that would total $4 million. The remainder of the estate (again, assuming zero growth) of $11 million goes into the family foundation.

The children and/or grandchildren are made directors of the foundation and may draw salaries. The parents even can stipulate how often the family must get together each year to take care of their foundation duties. The remainder of the CRT (again, assuming 7% growth and 7% payout) is $5 million and the beneficiary is the family foundation.

Now, the family foundation has $16 million. Remember that, by charter, the family needs to donate at least 5% to charity each year, which in this example sends $800,000 into the community.

The ILIT distributes equally to the children–$4 million each–income and estate tax-free! This is roughly what they were going to get under the "no plan" scenario. Adding in the $4 million in credit shelter trusts brings the total going to family members to $16 million.

Summary:

o Original estate: $20 million

o Family foundation receives: $16 million

o Family members receive: $16 million

o The government gets what's left: zero.

As any student of estate planning knows, one can implement other strategies. But most clients want a plan that's simple, straightforward and easy to understand. When you plan well and lay out the results for clients, they can see how beneficial planning is for them, their heirs and their community.

The key question in all of this is: Have you asked your clients what they want to accomplish with their estate planning?

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