How the Ultra-Rich Save on Taxes by Transferring Assets to Their Parents
Upstream transfers allow the wealthy to avoid significant capital gains taxes by gifting assets to their parents and inheriting them back, thereby receiving a step-up in basis.
Tax PlanningUpstream TransfersCapital Gains TaxEstate PlanningAsset TransferReal Estate NewsOct 13, 2024
Upstream planning is a sophisticated tax strategy that allows the ultra-wealthy to save significantly on capital gains taxes. This method involves gifting appreciated assets, such as stock and real estate, to their parents and then inheriting them back. The key benefit is the step-up in basis, which resets the asset's cost basis to its fair market value at the time of inheritance.
Understanding Capital Gains Tax
Capital gains tax is levied on the appreciation of an asset between its purchase price (cost basis) and its sale price. For instance, if a top earner wants to sell shares that have appreciated by $1 million, they would typically pay about $238,000 in taxes, according to Pam Lucina, chief fiduciary officer at Northern Trust.
The Power of Upstream Transfers
By gifting these assets to their parents, the wealthy can avoid a large portion of these taxes. When the assets are inherited, their cost basis is reset to their fair market value at the time of the parent's death. This means the capital gains tax is only applied to the appreciation that occurred after the parent's death.
For example, if a wealthy individual gifts stock to their parents and the stock's value increases significantly after the transfer, the capital gains tax is only applied to the appreciation that occurred after the parents passed away. This can result in substantial tax savings.
Selecting the Right Assets
To maximize the benefits, individuals should choose assets with a low cost basis relative to their current value. Popular choices include publicly-held stock, real estate, and private business interests. These assets often have a high potential for appreciation, making them ideal for upstream planning.
Risks and Considerations
While upstream planning is a powerful tool, it comes with significant risks. One of the primary concerns is the possibility of losing the assets permanently. If the parents decide to share the wealth with a new spouse or other children, the original wealth creator may lose control of their assets.
Another risk is the involvement of multiple family members, which can lead to complex family dynamics. Transparency and clear communication are crucial to ensure that everyone is on the same page and that the arrangement does not cause resentment or unrealistic expectations.
Legal and Practical Considerations
The parents are often given a power of appointment over the assets to ensure they are included in their taxable estate. This legal right allows the parents to give or transfer the assets while they are alive, but it also means that their creditors may have a right to the assets.
The age of the parents is another critical factor. Typically, upstream transfers are more effective when the parents are in their seventies or expected to live for no more than five years. If the parents die within a year of the transfer, the assets do not receive a step-up in basis.
Estate Tax Considerations
Due to recent tax cuts, individuals can gift or bequeath up to $13.61 million before triggering a 40% federal estate tax. This high exemption threshold has made upstream planning more attractive. However, the tax cuts are set to expire at the end of 2025, which may prompt a surge in gifting activity.
Case Study Ultra-Rich Clients
Robert Strauss, a partner at estate planning firm Weinstock Manion, often uses upstream planning with ultra-rich clients who have already used their exemption but have less-wealthy parents who haven't. These clients can place assets in a trust that benefits their parents until their passing, after which the children inherit the assets with a step-up basis.
Navigating Family Dynamics
Family dynamics can be the most challenging aspect of upstream planning. It is essential to be transparent with all involved parties to avoid misunderstandings and resentment. For instance, one of Lucina's clients had to promise to cover their parents' medical bills to get their siblings to agree to the arrangement.
Conclusion
Upstream planning is a sophisticated strategy that can significantly reduce capital gains taxes for the ultra-wealthy. However, it requires careful consideration of the risks and family dynamics. With proper planning and communication, it can be a powerful tool for wealth preservation and tax savings.
Frequently Asked Questions
What is an upstream transfer?
An upstream transfer is a tax strategy where a wealthy individual gifts appreciated assets, such as stock or real estate, to their parents. The goal is to receive a step-up in basis when the assets are inherited back, thereby reducing capital gains taxes.
How does the step-up in basis work?
The step-up in basis resets the cost basis of an inherited asset to its fair market value at the time of the parent's death. This means the capital gains tax is only applied to the appreciation that occurred after the parent's death, resulting in tax savings.
What are the risks of upstream planning?
The primary risks include the possibility of losing the assets if the parents decide to share them with others, complex family dynamics, and the involvement of the parents' creditors. Transparency and clear communication are crucial to mitigate these risks.
What assets are best for upstream planning?
Assets with a low cost basis relative to their current value are ideal for upstream planning. Popular choices include publicly-held stock, real estate, and private business interests.
How does the age of the parents affect upstream planning?
The age of the parents is crucial. Typically, upstream transfers are more effective when the parents are in their seventies or expected to live for no more than five years. If the parents die within a year of the transfer, the assets do not receive a step-up in basis.
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