Saturday, January 25, 2025

How higher rates of interest are changing tax and estate planning strategies

Many people understand how Federal Reserve policies affect the economy and investment markets. However, they fail to acknowledge how rate of interest movements alter the outcomes of estate planning strategies.

The Federal Reserve raised rates of interest significantly in 2022 and 2023, and recently market rates rose again. The significant tax increases lately are changing some great benefits of various tax strategies.

As rates of interest rise, the returns of some strategies increase while other strategies turn into less attractive. After a major change in returns, review some strategies that you will have rejected just a few years ago and consider stopping using the strategies that were attractive on the time.

When rates of interest were lower, low-interest family loans were an efficient tax and estate planning tool. But now the loans need to carry a better rate of interest with the intention to avoid negative tax consequences. The strategy is less attractive. Low-interest loans aren’t bad, but they are not as low-cost as they were before 2022, as I explained in an article I presciently titled “This Could Be the Best Time to Get Low-Interest Family Loans.”

Higher rates of interest also make Grantor Retained Annuity Trusts less attractive. GRATs have been very fashionable for years. They provide the best profit when funded with assets which can be expected to understand quickly over the following few years, similar to stocks in small, growing corporations.

The donor of a GRAT receives fixed annual principal payments plus interest over a time frame, normally two to 5 years. The trust retains investment income in excess of interest paid to the grantor or distributes it to beneficiaries. There aren’t any gift or inheritance taxes on this amount.

Higher rates of interest mean more should be paid to the grantor to avoid tax consequences. Therefore, the investments must generate higher returns to attain the identical advantages as just a few years ago. GRATs can still be useful, but are more likely to provide reduced advantages.

On the opposite hand, charitable remainder funds and charitable gift annuities are more attractive with higher rates of interest. These instruments pay income to the taxpayer (or taxpayer-designated beneficiaries) for all times or over a period of years. A charity receives whatever is left over after income payments stop.

When a CRT or CGA is established, the taxpayer receives a charitable gift tax deduction equal to the current value of the quantity the charity is predicted to receive in the long run. Higher rates of interest increase this money value and tax deduction.

Additionally, higher rates mean that a CGA can pay the donor a better lifetime income than within the recent past.

A charitable lead trust is the alternative of a CRT. In a CLT, the charity receives income over a period of several years before ownership reverts to the taxpayer or is transferred to a beneficiary designated by the taxpayer. The tax deduction for financing a CLT is lower when rates of interest are higher.

Another strategy whose advantages increase as rates of interest rise is the Qualified Personal Residence Trust.

In a QPRT, a taxpayer transfers either their first or second home to a trust. (It is normally best to make use of a second home.) The taxpayer retains the proper to live in the house for a period of several years. Ownership of the house then passes to the trust’s beneficiaries, normally the taxpayer’s children.

If the house is transferred to the trust, it’s a taxable gift equal to the money value of the house’s projected value when the trust beneficiaries receive it in the long run.

The higher the present rates of interest, the lower the worth of the gift. This means you may transfer the house out of your estate and keep it within the family at a lower gift tax cost than simply just a few years ago.

QPRTs weren’t widely used when rates of interest were low. But now that prices are higher, individuals with holiday homes should consider putting them in QPRTs for his or her children.

These strategies are all called split interest gifts. Generally, you’ll remain the owner of, or receive advantages from, the property for a time frame before the property is transferred to either beneficiaries or a charity. The values ​​of the assorted rates of interest are determined using current rates of interest and IRS formulas.

The rates of interest used are known as Section 7520 rates of interest, or applicable federal rates of interest, that are issued monthly by the IRS. You can find the newest rates by searching “applicable federal rates” online.

An estate planner can use software to point out the tax advantages of various strategies in your situation. There are also some free calculators on the Internet. Many universities and enormous charities offer good, free calculators on their web sites.

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