Financial Assets Series
This year’s Institute features a series of programs on planning with Financial Assets. These programs examine using partnerships for income tax planning and basis management, using intra-family options and derivatives for wealth transfers, the ins-and-outs of alternative investments, the impact of Chapter 14, and planning with private investment funds, preferred stock and other closely-held interests.
Tuesday, January 12, 2016 (9:50 – 10:40 a.m.)
Modern Uses of Partnerships in Estate Planning
Paul S. Lee
ATRA has vaulted income tax planning and tax basis management to the forefront of estate planning. Entities taxed as partnerships are the ideal vehicle in this new paradigm. This presentation will discuss how partnerships can be used to change the basis of assets, maximize the “step-up,” defer and shift tax items (income and deductions), and transfer wealth in a world of diminishing valuation discounts.
Tuesday, January 12, 2016 (3:55 – 4:45 p.m.)
Naked Derivatives and Other Exotic Wealth Transfers
David A. Handler
This session will discuss situations where traditional wealth transfer techniques are not viable because of the nature of the client’s assets, and explain how private, intra-family options and derivatives can be used instead.
Wednesday, January 13, 2016 – Special Session I-E (2:00 – 3:30 p.m.)
Alternative Investments: What Are They? How Do They Work?
David A. Shevlin
This program will examine alternative investments in-depth. It will cover the different types of alternative investments, how such investments are structured and key provisions of material importance. The program will also focus on the tax implications of such investments, including the charitable tax planning considerations that may arise.
Wednesday, January 13, 2016 – Special Session II-B (3:50 – 5:20 p.m.)
Modern Uses of Partnerships that You Might Not Have Considered
Paul S. Lee, Richard L. Dees, Cristin Conley Keane, Richard B. Robinson
The panel will discuss innovative income and transfer tax planning techniques utilizing entities taxed as partnerships. Topics include: preferred and profits interests, structures with S corporations and trusts, estate planning with disregarded entities, partnership reorganizations and divisions, capital shifts without taxable gifts, tax elections to use and avoid, and tax basis management techniques.
Thursday, January 14, 2016 – Special Session III-D (2:00 – 3:30 p.m.)
Wealth Transfer Planning with Interests in Private Investment Funds and Other Closely-Held Entities
N. Todd Angkatavanich, David A. Handler, Ivan Taback
This program will discuss various issues that planners need to navigate when structuring transfers of interests in closely-held entities, including interests in hedge and PE funds, preferred stock and other interests. Among other issues, this program will cover Code Section 2701 and the so-called “vertical slice,” as well as certain “non-vertical” alternatives including preferred partnerships and derivatives. In addition, the panelists will discuss issues relating to the section 2701 attribution rules, incomplete gifts, valuation uncertainty, buy-sell arrangements including related pitfalls, as well as section 2036 considerations.
Friday, January 15, 2016 (9:00 – 9:50 a.m.)
Estate Planning for Retirement Benefits: A Step-by-Step, How-to-Do-It Manual for Practitioners
Natalie B. Choate
Finally! A practical guide to estate planning for those troublesome assets called retirement benefits, from choosing a beneficiary through how to implement the choice, including checklists, drafting tips, and dealing with the plan administrator.
Friday, January 15, 2016 (9:50 – 10:40 a.m.)
Chapter 14 “Soup to Nuts”: A Practitioner’s Guide Through the Minefield
N. Todd Angkatavanich
This presentation will provide a discussion of the many estate and gift tax pitfalls that practitioners need to keep in mind whenever structuring transactions between family members. It will provide a broad overview of the statutory provisions of sections 2701 through 2704, including the historical policy reasons behind the sometimes confounding rules included in Chapter 14. Additionally, the presentation will give proactive planning tips with compliant structures to help practitioners navigate the Chapter 14 minefield.