Minimizing Capital Gains in Estate Planning: Sales, Notes, Undoing Trusts, Upstream Gifting, Business Interests

This CLE/CPE course will provide trusts and estates counsel guidance on various techniques to minimize capital gains in estate planning. The panel will discuss key estate planning issues from the sale and transfer of real estate, business interests, and other assets, as well as effective methods to minimize or eliminate capital gains. The panel will focus on techniques involving the use of trusts, circumstances when undoing trusts may be beneficial, upstream gifting, installment sales, notes, and other key items for trusts and estates counsel.

Estate planning attorneys employ many strategies designed to minimize or eliminate tax liability. Counsel must carefully craft planning techniques to reduce the impact of capital gains on certain assets in light of potential tax law changes under the Biden administration.

The potential lowering of estate and gift tax exemption amounts can impact the benefits of stepped-up basis upon death. Trusts and estates counsel must consider clients’ options to ensure a reduction or elimination of capital gain taxes.

Certain assets are prime to generate potential capital gains, such as real estate, business interests, stock, and other assets. Counsel uses various estate planning methods, such as the use of SLATs and GRATs, installment sales, promissory notes, and upstream gifting. Counsel may consider trust provisions or the restructuring/modifying of trusts to ensure the estate plan's goals.

Listen as our panel discusses key considerations for clients to minimize capital gains through estate planning and effective techniques to achieve tax savings.