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New Clawback Proposed Regulations – What You Need to Know
May 17, 2022 @ 4:00 pm – 6:00 pm EDT
Webinar Description
On April 27, 2022, the IRS released proposed regulations that follow up on the initial “Anti-Clawback” regulations released in 2019. The proposed regulations provide guidance on how various estate planning strategies may be treated in situations where the unified estate and gift tax exemption is lower on the taxpayer’s date of death than it was on the date the strategy was implemented. Since lifetime gifts are factored into the estate tax calculation, planners were rightly concerned that a lifetime gift might not have the desired tax effect if the client died when the exemption was lower, bringing the large gift back into the estate but with a lower date-of-death exemption used for calculation purposes. The 2019 regulations ensured that lifetime gifts would not be “clawed back” into the estate by stating that the exemption used for estate tax calculation purposes is the higher of the date-of-death exemption and the exemption available at the time of the lifetime gifts. However, those regulations did not cover all situations, such as GRATs and other strategies where property was given away during lifetime but a portion (or all) of it could still be included in the client’s estate at death.
The 2022 proposed regulations are designed to cover those situations, and in this complimentary webinar we’ll take a closer look at what they provide, including how they and the 2019 final regulations operate. Topics to be covered include:
- Revocable transfers and transfers taking effect at death
- Life estates
- GRATs
- Gifts made via an enforceable promise
- Impact on portability
- The “use it or lose it” rule in the final regulations
- Use of promissory notes and the new 18-month rule
- And more
Join us for this timely discussion of these new regulations and how they can impact your high net worth clients who have made, or are planning to make, lifetime transfers of wealth.
Continuing Education Credits
InterActive Legal is not an approved Continuing Education (CE) Sponsor. However, several states and regulatory agencies for a variety of professionals that participate on our teleconferences may still receive continuing education credit for their participation. If a participant wishes to receive CE credit for their participation in these teleconferences, they must apply to receive credit on their own and through their individual states and regulatory authorities. It is the responsibility of the participant to file for CE credit and is not guaranteed by the webinar sponsors.
Webinar Sponsors
Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.
Mr. Blattmachr 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 has served as a lecturer-in-law of the Columbia University School of Law and is 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. Mr. Blattmachr 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. He is author or co-author of eight books and more than 500 articles on estate planning and tax topics.
Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.
Professor Mitchell M. Gans is the Steven A. Horowitz distinguished professor in taxation at Hofstra University School of Law, and an Adjunct Professor of Law at NYU Law School. He is an Academic Fellow at ACTEC and is the Academic Editor of the ACTEC Journal. Professor Gans is a leading scholar in the estate-and-gift tax area, teaching courses for the IRS on estate and gift tax and valuation methodology. He is a frequent lecturer for ALI-ABA, NYU, ACTEC, the ABA and other groups and has written numerous articles on estate tax planning topics, including a recent Leimberg Information Services article, co-authored with Jonathan Blattmachr, on the Proposed Section 2704 Regulations.
Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City. His practice concentrates on estate and tax planning, planning for closely held business, and estate administration. Mr. Shenkman is an author of over 42 books and more than 1,000 articles. He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal. He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability. Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”