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Installment Sales to Grantor Trusts: When to use this Strategy and How Best to Structure it


Level: Advanced
Runtime: 92 minutes
Recorded Date: May 02, 2017
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Agenda

  • Overview of grantor trusts and the Installment Sale to Grantor Trust (“ISGT”) transaction
  • Effect of Grantor’s Death on the ISGT
  • Gift Tax Risk/Mitigation Strategies for the ISGT
  • Using ISTGs now, when the transfer tax system might be changing
  • Best Practices/Summary
Runtime: 1 hour and 32
minutes Recorded: May 2, 2017

Description

For many years, the installment sale to grantor trust strategy has been used by estate planners to shift appreciation downstream to younger generations. This technique can be preferable to a GRAT because it can result in greater leverage of the generation-skipping transfer tax exemption. However, there has always been a risk of the sale being examined and adjusted upon audit, resulting in a taxable gift – perhaps a sizeable one.

In this presentation, Jonathan Blattmachr and Teresa Bush review the installment sale to grantor trust strategy and consider whether it remains a viable planning tool in the current uncertain transfer tax planning climate. They also recommend how best to structure the transactions involved to address both the inherent gift tax risk and today’s tax uncertainty. Join us for a robust discussion on whether this transfer tax planning strategy is one to keep in mind for your clients as we await potential transfer tax planning developments from Congress and the new administration.

This program was recorded on May 2nd, 2017.

Provided By

American Bar Association
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Panelists

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Teresa L. Bush, Esq.

Director of Education and Support Services
InterActive Legal

Teresa Bush joined InterActive Legal in 2007 and serves as Director of Education and Support Services.

Ms. Bush has been licensed to practice law since 1991, and focused her practice exclusively on issues of estate and gift tax planning, probate, charitable planning, and estate and trust administration. She began her practice in a small law firm, planning for clients of all levels of wealth. Thereafter, she practiced for a number of years in the Tax Section of Kelly, Hart and Hallman, P.C. in Fort Worth, Texas, and as an estate and gift tax consultant for the Dallas office of Ernst & Young, in both cases focusing on planning for very high net worth clients.

Ms. Bush received her J.D. from the University of Texas School of Law, where she was a research assistant for Professor Stanley M. Johanson. She studied at Edinburgh University and the London School of Economics prior to obtaining a B.A. in Economics and Political Science from Rice University in Houston. While studying abroad, she worked as an intern for a Member of Parliament in the British House of Commons.

Ms. Bush taught legal research and writing as a Teaching Quizmaster in law school, and later taught estate planning extension courses for American College of Financial Services CLU candidates. She has presented several online webinars on estate planning and drafting topics, and is the author or co-author of a variety of estate planning articles.

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Jonathan Blattmachr

Principal
Pioneer Wealth Partners

Jonathan Blattmachr is a Principal in Pioneer’s estate planning advisory group. He brings over 35 years of experience in trusts and estates law. He is a retired member of Milbank Tweed Hadley & McCloy and the Alaska, California and New York Bars. Jonathan has been recognized as one of the country’s most creative trusts and estates lawyers. He writes and lectures extensively on estate and trust taxation and charitable giving and has authored or co-authored six books and over 500 articles on estate planning topics. He has served as a lecturer-in-law of the Columbia University School of Law and as an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Jonathan is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. Among professional activities, which are too numerous to list, Jonathan has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd, and as a Fellow and Director of The New York Bar Foundation and as a Fellow of the American Bar Foundation.

Jonathan graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He served as an officer in the United States Army from 1970 to 1972 and was awarded the Army Commendation Medal.


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