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The Stealth Move by the IRS & Kids' Inheritance

New IRS ruling and impact on inheritance.

New ruling emphasizes the need for an adaptive estate planning approach.

One recent development that has stirred conversations among investors and advisors alike is the IRS Revenue Ruling 2023-2 issuance.

This ruling has presented a unique set of challenges and opportunities for estate planning, especially for those employing irrevocable trusts as part of their wealth management strategy.

The Stealth Shift by the IRS

In March 2023, the IRS subtly altered the rules on the tax treatment of assets held in irrevocable trusts. This change, detailed in Revenue Ruling 2023-2, has significant implications for the future of estate planning.

The ruling states that assets held in an irrevocable trust 'that is not included in the taxable estate at death' will no longer receive a step-up in basis.

Understanding the Step-Up In Basis

To comprehend the full scope of this change, it's crucial to understand what 'step-up in basis' means. When an individual acquires an asset, its original cost is considered its 'basis.' If the asset appreciates over time, the difference between the initial basis and the selling price is what generates a capital gain, which is subject to capital gains tax.

Historically, there has been an exception to this rule when assets are transferred upon the owner's death. In this instance, the basis is 'stepped-up' to the fair market value at the time of the owner's death, effectively eradicating any capital gains and associated taxes.

Impact on Irrevocable Trusts

In the past, whether assets transferred via an irrevocable trust would benefit from the step-up in basis was ambiguous. Many families have used irrevocable trusts to safeguard their assets from spend-down, aiming to qualify for government benefits such as Medicaid and VA Aid and Attendance.

The new IRS ruling has clarified that assets held in an irrevocable trust that is not included in the taxable estate at death will no longer receive a step-up in basis. This implies that the potential for capital gains tax may loom over any significant asset appreciation since the original purchase.

How Dominion Wealth Management Can Help

These changes by the IRS could significantly affect estate planning, adding potential tax burdens for beneficiaries of irrevocable trusts. This makes it all the more crucial for individuals to have an open line of communication with their advisors.

This ruling emphasizes the need for an adaptive estate planning approach and underscores the importance of maintaining a strong investor-advisor relationship. By engaging in regular, transparent discussions about such changes and their implications, advisors, and investors can better navigate this evolving tax landscape together.

Effective estate planning is essential for preserving and transitioning wealth to the next generation. With Dominion Wealth Management at your side, you are assured of careful consideration and application of best practices necessary for crafting an adaptive estate plan that is tailored to your individual needs and goals. We understand the importance of investing in a secure future, and our team will be committed to working with you to ensure that you receive the best possible outcome.

Make sure you have access to optimal strategies today by calling us to schedule an appointment today. Don't wait any longer; take the steps now to ensure peace of mind in knowing that your future -- and the future of those dear to you -- is properly protected through the power of thoughtful financial planning.

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