Forgive me for the enticing title of this article. I promise the information I provide in the next 500 words will not enlighten you to secrets that only the uber-wealthy know about taxes. My job IS NOT to help people evade taxes – that is illegal, and in my humble opinion, paying taxes is preferential to prison. However, knowing the rules of the tax code has its benefits when it comes to tax avoidance. Tax avoidance is defined as a method taken to lessen tax-liability and maximize after-tax income, and most importantly, tax-avoidance is legal.
I use tax-avoidance strategies with my clients on a regular basis. Contributions to a 401(k) or Health Savings Account (HSA) lower your annual Adjusted Gross Income (AGI); gifting appreciated stock from a taxable brokerage account lessens your tax liability for unrealized capital gains; sending Qualified Charitable Distributions (QCDs) to a church or charity from your IRA will satisfy a portion or all of your taxable Required Minimum Distribution (RMD); a Roth conversion within a lower tax bracket will force you to pay more in taxes today, but it could significantly decrease the amount you pay in taxes over your lifetime. These are some of the most common tax-avoidance methods. Let’s examine some less common tax-avoidance strategies that can be used to apply to families with a larger net worth, and whose estates stand a high risk of owing federal estate taxes.
The Federal estate tax rates are very high, capping out at 40%, but it takes a very large estate before any estate taxes are applied. Currently, all taxpayers enjoy a $13.61M unified credit on their estate that is exempt from estate taxes – if you are married, you can double that amount to $27.22M. So, under today’s Internal Revenue Code, only a small percentage of the population should be concerned about potential estate taxes; however, the unified credit hasn’t always been this high, and I would not be surprised if the rules changed in the future.
Something I am watching very closely is what will happen if the Tax Cuts and Jobs Act sunsets at the end of 2025. If Congress allows the tax code to sunset, then the unified credit could drop to an estimated $15M overnight for married couples. While the unified credit has never decreased in value, this is not a guarantee, especially in an environment where politicians are looking for ways to increase tax revenue on the wealthiest Americans.
If your estate is at or above $15M, or you expect it to grow beyond $15M in the future, utilizing a trust as a tax-avoidance strategy could make sense. Irrevocable trusts, when written and executed properly, can be designed to protect a portion of your assets from estate taxes. Your personal situation and the nature of the assets in your estate will dictate if a trust is right for you. A trusted financial advisor and/or estate planning attorney can guide you through the process and help you determine the right tools to incorporate into your estate plan.
Financial Enhancement Group is an SEC Registered Investment Advisor.
