McManus Pens Expert Article for Thomson Reuters Practical Tax Strategies

INTRA-FAMILY LOANS

GIVING THE GIFT OF A LOAN

Intra-family loans can provide tax benefits to both lenders and borrowers if properly structured.

JOHN O. McMANUS

JOHN O. McMANUS is a top AV-rated estate planning attorney and the founding principal of TriState Area-based McManus & Associates (www.mcmanuslegal.com).

When it comes to wealth management, sometimes the gray area is the sweet spot. There are often legitimate opportunities for growing and preserving assets beyond the welldefined, black-and-white tax rules. Identifying these legal loopholes can greatly benefit a client and his or her loved ones, without breaking any laws.

Gifting as a loan, or intra-family loans, is an estate planning technique which, under rules set forth in the Code, allows a significant amount of money to be transferred to a family member with a customized repayment plan—sans the gift tax implications. Also, there are no concrete limitations on the family members who can be borrowers or the trusts for their benefit. With carefully structured lending— through a promissory note, for example—the borrower is able to take advantage of interest rates below those charged by commercial lenders, as the government allows relatives to pay a very low, “safe harbor” interest rate. In a parent-child relationship, the child then pays back the loan over time.

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Educational Focus Series: Top 10 Possibilities of Portability

A significant opportunity presented by Uncle Sam, portability was first introduced as part of Tax Relief Unemployment Reauthorization and the Job Creation Act of 2010. It was scheduled to sunset on December 31, 2012 but was made permanent with passage of the American Taxpayer Relief Act of 2012. McManus & Associates, a top-rated estate planning law firm with offices in New York and New Jersey, today released the “Top 10 Possibilities of Portability.” Part of the firm’s Educational Focus Series, the discussion was led by Founding Principal and AV-rated Attorney John O. McManus, who shared guidance on transferring unused federal estate tax exemption amounts and the critical steps that must be taken to utilize this important estate and income tax tool.

LISTEN HERE: “Top 10 Possibilities of Portability”

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Bloomberg BNA: Two New Stories Cite Firm’s Founding Principal

 

 

McManus & Associates Founding Principal and top-AV rated Attorney John O. McManus recently spoke with Diane Freda, reporter for Bloomberg BNA’s Daily Tax Report®. The publication is a leading source of legal, regulatory, and business information for professionals covering issues in taxation, pensions, and accounting.

BNAFreda’s December 27th story “IRS Shuts Down Online EIN Applications, Complicating Year-End Gift Transactions” cites John’s thoughts on the IRS’s “planned outage” of online applications for employer identification numbers, from December 27th through January 2nd. It was the publication’s most-read article of the day.

Her second piece, “Fiscal Cliff Unified Estate, Gift Tax Exemptions Seen as Windfall by Advisers,” was published on January 2nd and includes John’s reaction to the passage of provisions in fiscal cliff legislation ensuring estate and gift tax exemptions remain at $5 million for the upcoming year and near future.

To learn more about fiscal cliff unified estate and gift tax exemptions, give our office a call at (908) 898-0100.

Reproduced with permission from Daily Tax Report, 248 DTR G-4 (Dec. 28, 2012). Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Reproduced with permission from Daily Tax Report, 02 DTR G-8 (Jan. 3, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

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