With the amount of wealth that is owned by people over the age of 60, a financial professional being savvy at gifting and estate planning can be a highly lucrative business over the next couple of decades. With estate planning, you are usually creating a very “trusting” relationship with those that currently own the assets and those that will eventually inherit them. This article is meant to give just a couple of quick updates on gift and estate tax limits that have recently been announced by the IRS along with some additional thoughts and ideas so you can start to have these conversations.
Gifting
The annual gift tax exclusion is going to $18,000 in 2024, versus the $17,000 that we have in 2023. That means that a couple can gift one of their kids (or all) a gift of $18,000 without the gift being taxable, or even hitting the IRS’ radar for that matter. Ok, so what about if you gift something above the exclusion amount, say $118,000? Well, it certainly does hit the IRS’ radar because you would have to fill out an IRS form 709 saying that you gifted $100,000 over the annual exclusion amount. However, that does not mean that the $100k is taxable.
This is the biggest source of confusion for a lot of consumers, and even some financial professionals. Just because you gift $118,000 in 2024, does not mean that the excess $100,000 is taxable. Then what the heck is the limit for? Any gift above that limit goes to reduce your lifetime exemption. But only when your lifetime exemption is completely used up is when you start getting taxed, whether you deplete your lifetime exemption during your life or after death. More on this in a bit.
Again, any gifts that fall below that annual exclusion do not reduce the lifetime exemption amounts. Which means a couple in the year 2024 can gift $36,000 to whoever they like. If they do that with five people, that’s $180,000 that is basically a “freebie.” For a 529 plan, you can choose to gift via a “Five Year Election” which is basically five years’ worth of the exclusion in one year, which would equate to $90,000 apiece. But let’s save 529 plans for another time.
Leveraging Today’s Exemption Amounts
The lifetime exemption for gift taxes is the same as for estate taxes. In other words, it is “unified.” And for 2024 the gift and estate tax exemption is going to a whopping $13.61 million per person versus today’s $12.92 million. That means that for a couple, the combined exemption is over $27 million. So, in my example where the person gifted $118,000 to their kid, that extra $100,000 would not be taxable unless the entire $13.61 million was already used up. If none of the exemption was used up prior to the gift, then they now have $13.51 million left as an exemption.
What about the sunsetting of the Tax Cuts and Jobs Act of 2017 that will roughly cut these exemption amounts in half? Staring down the barrel of these changes is something that should jolt wealthy families into action. Let’s use an example: Let’s say that in 2024 you have a couple that has an estate that is worth $25 million. They understand that the time to act is now because if they die with a $25 million estate after 2026, when the estate tax exemption goes to roughly $12 million for the couple (around $6 million per person), their estate will have a tax bill of 40 percent on the excess above $12 million. That is approximately $5.2 million ($13 million excess times 40 percent tax) that would go to Uncle Sam!
Conversely, what if instead that couple gifted away say $20 million in 2024? They would still have $7 million left in their lifetime gift and estate tax exemption, which means they would’ve paid no gift taxes. They would’ve also left themselves $5 million in their estate to live off of.
Now, of course, depending on how their existing $5 million estate grows between now and the time that they die, it could have an estate tax but up to this point in time, their tax has been zero and will likely never be near the $5.2 million they would’ve been subject to in our previous example. This is an important conversation to have with these folks!
A couple notes:
- The example shows how gifting a certain property today (during life) might be more prudent than passing on that same property after death, especially if death happens after 2026!
- Another benefit of gifting, especially property that is quickly appreciating, is that gifting “freezes” the value of the property to whatever the property is worth when you gift it. Conversely, if you die with that property 20 years from now, what is the amount that goes against your exemption amount? Whatever it is worth when you die!
- Gifting can have a downfall of no “Stepped Up Cost Basis” that would otherwise “generally” be achieved if the asset was transferred after death. Some assets are better to die with rather than gift.
IRS Clawback?
The IRS has indicated that leveraging today’s high gift tax exclusion is OK and will not be “recouped” after 2026 when these exemption amounts are roughly chopped in half. Think of it as an estate tax sale that is not “clawed back.” If you go into Best Buy and buy a TV that is 50 percent off but the sale ends the next day, Best Buy is not going to call you up the next day and ask for more money just because the price of that TV has increased. The IRS has been clear that the “claw back” will not happen.
In Closing
Because the previous examples show some very large dollar amounts, it’s easy to dismiss them, as if we will never need to address that type of planning. With the way inflation is going and the massive amount of wealth that is being built in our country, I beg to differ. Plus, it only takes one or two of these conversations to completely change your career!
This article was very high level and did not dive into estate issues like generation skipping transfers, irrevocable life insurance trusts, SLATS, GRATs, Bypass Trusts, etc. However, if that is what you would like some training on, drop me a line!
Options For Decedent IRAs And Inherited NQ Money
Both of my kids play basketball at least 300 days a year. If it’s not the time of year for school basketball, then they are participating in AAU clubs. If they are not doing AAU or school ball, they are in the gym by themselves. For those of you that have (or had) young athletes, you know the amount of transporting kids, coordinating tournament schedules, etc., that happens. And everything is always evolving: What shirts they should wear at a certain tournament, who is bringing snacks, who is sponsoring what event, etc. With that, sometimes it’s so overwhelming that I just declare mental bankruptcy. That is, I erase all the minutia from my mind and tell my wife, “I will just go where you tell me to go.”
That is analogous to what has happened with many agents over the last five years or so when it comes to inherited IRAs, as well as inherited non-qualified annuities that have deferred gain. We had The Secure Act of 2019 that squashed the “Stretch IRA” in many situations, then we had the uncertainty around RMDs and the 10-year rule that the IRS keeps going back-and-forth on, now you have secure 2.0, and the list goes on. I have found that many financial professionals that work with annuities have just declared mental bankruptcy and figure they would navigate this bridge once they approach it and once the dust settles. Needless to say, that may not be a great strategy. So, I will briefly simplify the options below.
What is a Stretch?
I will oversimplify what a stretch IRA is first. Quite simply if one has $1 million in IRA money and passes away, for the beneficiary to cash out that entire $1 million in the first year, it’s not inconceivable to lose $400,000 right off the top. Hence, the inherited $1 million immediately goes to $600,000. Conversely, with a Stretch IRA option that existed prior to 2020, you can stretch that tax liability out over the beneficiary’s lifetime by just taking annual required distributions (based on a table). If you think of the way that compounding works, if the beneficiary’s required distributions in the early years are only three or four percent (based off the table) of the total value but yet the annuity is growing at five, six or seven percent, the beneficiary’s $1 million is not being reduced, it is getting larger and larger up to a point. So, over a 30-, 40-, or 50-year lifetime, that $1 million could very easily generate $2 million to $5 million in additional wealth to that beneficiary by “stretching” the tax liability. In 2019 Congress decided this option would no longer be available for many beneficiaries of IRAs when death happened in 2020 or later. So, let’s explain what the options are today.
Non-Qualified Stretch: What Changed?
Let’s forget IRA money for a second. If one passes away with a non-qualified annuity that has a significant amount of accumulated interest in it, what is taxable to the beneficiary? Well, if the beneficiary just cashed it out, the entire gain would be taxable in that year. However, congress has allowed for the gain to be “stretched” by utilizing the same life expectancy table as the Stretch IRA. What happened to this option with the recent legislation? Nothing. This still exists for most beneficiaries of that annuity today!
Many agents come to me as they are working with the beneficiary of a non-qualified annuity where the original owner just died. They often ask if they can move the inherited non-qualified money to another carrier. The answer is yes. Just note that as far as doing a 1035 of a non-qualified stretch IRA–after death has happened–not all companies accept it. Ask your IMO who does and who does not.
Stretch IRAs with Death Before January 1,2020: What Changed?
For “Decedent IRAs” where death happened prior to January 1, 2020, and the beneficiaries are currently “stretching” the IRA, nothing has changed. Basically, this money is “grandfathered in” and can continue to be stretched. However, again, not all companies accept Stretch IRAs to be transferred into them, regardless of when death happened. Some do, however.
Decedent IRAs with Death on or After January 1, 2020: What Changed?
This is where the changes happened. The Secure Act introduced us to two classes of beneficiaries: Eligible Designated Beneficiaries and Non-Eligible Designated Beneficiaries.
Class 1: Eligible Designated Beneficiaries which are designated beneficiaries of the IRA that are also:
For this group, the Stretch IRA option still exists. However, for the spouse, he/she will usually leverage the additional option that the spouse has always had, to take it over as her/his own IRA (Spousal Continuance). So, for the spouse, the Stretch IRA is rarely used.
There is also an exception for the minor child who hasn’t reached age 21 yet. This exception says that once he/she hits age 21 then he/she must continue those RMDs, with a catch! He/she must completely empty the IRA by December 31 of the 10th year after he/she turns age 21. In other words, once he/she hits age 21, they are subject to “The 10-Year Rule.”
(Note: Money passing on to siblings often can be “stretched.” That is because oftentimes the sibling is not more than 10 years younger than the deceased.)
Class 2: Non-Eligible Beneficiaries which are designated beneficiaries of the IRA that are basically everybody else not on the previous list. For example, a 50-year-old son or daughter that has been named as a beneficiary.
For these folks, if the original owner died on or after January 1, 2020, then they are subject to the “10-Year Rule.” Again, if the original owner died prior to January 1, 2020, then they could have chosen the stretch. The 10-year rule says that they must cash out the entire balance of the IRA by December 31 of the 10th year after death. No more stretching over life.
Here is a question and a source of confusion that the IRS has gone back and forth on: For our Non-Eligible Designated Beneficiary, do they have to take Required Minimum Distributions in years 1 through 9? It depends. It depends on if the original owner was taking their required minimum distributions. If the answer is yes, then the answer is “yes, you have to take RMDs in years one through nine.” The RMD for the original owner must be satisfied in the year of death. But, thereafter, the RMDs are based on the beneficiary’s life expectancy reduced by one for each year that goes by. In short, if the owner was required to take RMDs, then the beneficiary will be required to as well, until they fully liquidate the account by the end of year 10. As Ed Slott says, “If the original owner had to turn on the RMD spigot, then that RMD spigot must continue, even after death.”
In the example, if the original owner had not yet been taking their RMDs, then no RMD is due from the beneficiary. However, of course the beneficiary would still need to liquidate the entire account by the end of the 10th year.
What about transferring the Decedent IRA that is subject to the 10-year rule to another annuity company? Can you do this? Yes you can but, as you might guess, some companies accept Decedent IRAs subject to the 10-year rule, and some don’t. For those that do accept it, they oftentimes will only allow it for certain products (with less than 10 surrender periods). Again, speak with your IMO.
What about Inherited Roth IRAs?
The 10-year rule applies. What does not apply is the RMDs between year one and nine for the beneficiary. This is because the original owner of the Roth IRA would never be subject to RMDs with a Roth.
This article is not all-encompassing as I did not get into recent RMD relief, estates as benes, the lump sum options, trusts as benes, etc. However, this should give you a fairly decent roadmap. If you would like a chart that lays this out “at a glance,” let me know.