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Valuations in Estate and Gift Tax Planning: Recent Developments and Key Considerations for Trust and Estates Counsel

Section 2704, Fractional Interests, Intrafamily Transfers, Promissory Notes, Defined Value Formula Clauses, and More

Recording of a 90-minute CLE/CPE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
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Conducted on Thursday, August 10, 2023

Recorded event now available

or call 1-800-926-7926

This CLE/CPE course will provide trust and estates counsel with a thorough and comprehensive guide to the legal framework and challenges for valuations in estate and gift tax planning. The panel will discuss recent developments impacting valuations in estate planning, valuation discounts for estate and gift tax purposes, fractional interests, promissory notes, and challenges faced by estate planners implementing transfers and other strategies.

Description

IRC Section 2704 and accompanying regulations have a significant impact on estate, gift, and generation-skipping transfer tax planning. Estate planners must recognize key issues relating to the valuation of interests in family-controlled entities and implement tactics to avoid loss of tax benefits.

The valuation discounts utilized by estate planners in passing down family-owned assets such as closely-held businesses require a complete understanding of complex rules and their impact on certain transfers for estate and gift tax purposes. Specifically, the rules treat lapse of voting or liquidation rights as an additional transfer and eliminate some discount valuation opportunities for restrictions on liquidation in determining the fair market value of a transferred interest.

In addition, the Treasury's Fiscal Year 2024 Greenbook includes proposed changes focused on Section 2704 as such applies to tradable assets, valuation discounts, "qualified real property" elected to be treated as special-use property, fractional interests, digital assets, and other key areas of focus. Estate planning counsel are advised to carefully consider any transfers of affected entities under current tax law and in light of proposed changes.

Listen as our experienced panel provides a critical look at recent developments impacting valuations in estate planning, valuation discounts for estate and gift tax purposes, fractional interests, promissory notes, and challenges faced by estate planners implementing transfers and other strategies.

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Outline

  1. Contents of 2704 regulations
  2. Asset structures and valuation pitfalls to avoid
  3. Structuring transfers and key tax considerations
  4. Evaluating existing structures for holding family assets

Benefits

The panel will discuss these and other important issues:

  • What types of asset transfers are subject to Section 2704 regulations?
  • How does the treatment of lapses of voting or liquidation rights impact future transfers of family-owned assets into family limited partnerships or trust vehicles?
  • What issues must be considered for valuation discounts in transfers of closely-held businesses into estate planning vehicles?
  • What must estate planning attorneys and advisers consider for existing transfers and operating documents to minimize the tax impact of any proposed changes to the regulations?

Faculty

Brown, Matthew T.
Matthew T. Brown, CPA, JD

Partner
Eisner Advisory Services

Mr. Brown is a Tax Partner in the Private Client Services Group (PCS). With a wealth of accounting, legal, and real...  |  Read More

Klein, Hubert
Hubert Klein, CPA/ABV, CFF, CFE, CVA, CGMA

Partner
Eisner Advisory Group

Mr. Klein is a Partner in the firm's Forensic, Litigation and Valuation Services Group, where he consults and...  |  Read More

Van Schooneveld, Chris
Chris Van Schooneveld, CPA/ABV, CVA

Director
Eisner Advisory Group

Mr. Van Schooneveld is a Director in the firm. With more than 8 years of experience, he is a well-rounded advisor with...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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