Changes to the Estate and Gift Laws Enacted
For most of 2010, we expected action from Congress on the fate of the estate tax. As most of you know, Congress agreed on a temporary estate tax measure at the end of the year, which clarifies the tax laws for now. On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Authorization and Job Creation Act of 2010, which includes changes to the federal estate, gift and generation-skipping transfer ("GST") tax laws for 2011 and 2012.
While the new law provides short-term clarity for estate, gift and GST taxes, the statute is “temporary” and sunsets on December 31, 2012. Therefore, we can expect further changes to the laws in this area sometime within the next two years. A brief summary of the key items from the new law and some planning items to consider follow.
What does the new law say?
These are some general points about the new law. Please contact us if you would like to discuss how these changes may affect you. If you have not updated your documents in the last few years, this is an appropriate time for a more comprehensive review of your estate plan to ensure that it still meets your estate planning needs and objectives.
Daniela P. Catrocho and Richard D. Sanders authored the article, "Retroactive Tax Legislation and Gift Planning in 2021," which was published in the New Jersey Law Journal.
On March 18, Day Pitney Partners Dina Kapur Sanna and Carl Merino will participate at the 16th Annual International Estate Planning Institute hosted by the New York Bar Association and the New York chapter of the Society of Trust and Estate Practitioners (STEP NY).
Partner Dina Kapur Sanna will co-chair the 16th Annual International Estate Planning Institute: Part 2, hosted by the New York Bar Association and the New York chapter of the Society of Trust and Estate Practitioners (STEP NY).
Kaitlyn Sapp authored the blog post, "Biden Campaign's Proposal to Eliminate the Step-Up in Basis at Death," for the Boston Bar Association Trust & Estates Section blog.
On February 24, Partner Carl A. Merino spoke on "Reporting by U.S. Person of Foreign Income, Assets and Transactions" at a webinar hosted by STEP Colorado Formation and STEP Chicago.
Day Pitney's announcement that it will expand its East Coast presence through a merger with Rhode Island-based firm Howland Evangelista Kohlenberg LLP was featured in the Palm Beach Daily News' Business Notes section.
Senior Associate Justin M. Hannan and Partner Stephen Ziobrowski were quoted in the Law360 Tax Authority article, "Carried Interest Regs Leave Uncertainty On Family Managers."
Day Pitney Managing Partner Thomas D. Goldberg was featured in the Law360 Pulse article, "Day Pitney's Managing Partner Talks Growth Into RI, Beyond," regarding recent announcement of merger with Howland Evangelista Kohlenberg.
Day Pitney Managing Partner Thomas D. Goldberg was quoted in the Connecticut Law Tribune article, "Day Pitney Acquires Rhode Island Firm in Bid to Better Service High-Net-Worth Clients," regarding the firm's merger with Howland Evangelista Kohlenberg.
Day Pitney Press Release