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State Tax on Trust Income

Supreme Court Sets Limits on State Income Taxation of Trusts

The U.S. Supreme Court recently handed down an important decision declaring North Carolina’s taxation of certain trusts unconstitutional. The name of the case is: NC Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. If you are a beneficiary of an out-of-state trust that was subject to taxation merely because a portion of the trust income was “for the benefit of” a North Carolina resident, then this decision likely impacts you, or at least the trust of which you are a beneficiary. In essence, the U.S. Supreme Court said that merely having a beneficiary in this state does not […]

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Q&A: Qualified Opportunity Zones

Qualified Opportunity Zones Question and Answer

Why would I be interested in Qualified Opportunity Zones (QOZs)? This new tax provision was created to spur investment in certain under-performing economic areas known as Qualified Opportunity Zones. You can find a map of North Carolina’s zones here. Investing in a QOZ is one of the few opportunities in the tax code to defer (and possibly eliminate) tax on gains. Thus, you can put the whole amount of your proceeds from a sale to work rather than the proceeds less income taxes. How long can I defer paying taxes on my gain? Until you sell or exchange your interest […]

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High-Level Negotiation

High-Level Negotiations Blog

By Todd A. Stewart, Founding Partner Recently, Joe Hernandez talked with our Vistage group about “High Level Negotiation.”  One key takeaway for me runs counter to something that you hear a lot.  His point is that you should use anchoring (i.e., the idea that people rely heavily on an idea or number they’ve heard recently) to your benefit and be the person who makes the first offer.  Our informal class exercise supported this and the final negotiated value for most groups clustered around the first offer, whether it was near $20,000 or three times this amount.  For more information:  https://www.lionsharenegotiations.com/. *Intended as […]

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Align Your Three Bottom Lines

Alignment Vistage Blog

By Todd A. Stewart, Founding Partner On May 20, 2019, I was in a program with author Kevin W. McCarthy where he talked about his book, Chief Leadership Officer: Increasing Wealth So Everyone Profits. Many good takeaways and I particularly like the idea of aligning your three bottom lines: Financial, People and Purpose.  If you want more information, the website is: http://chiefleadershipofficer.com/. *Intended as general guidance only and not as legal advice.

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Passing More Wealth To Grandchildren

Pass Along Wealth To Grandchildren

Want to pass more wealth to grandchildren?  An idea to consider while exemption amounts are high for estate tax and Generation Skipping Transfer (GST) tax is to protect old trusts from the application of the GST tax that can take a big portion of a trust’s assets before they pass to a skip person, like a grandchild.  A common example of such a trust is an Irrevocable Life Insurance Trust (ILIT) that was set up when exemption amounts were lower.  Since the exemption amounts were not as generous, the advisors may not have recommended using “precious” exemption amounts to protect […]

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Titling Assets To Your Trust

Revocable Living Trust Blog Post

Many of our clients who come in to prepare or update their Will ultimately decide to include a Revocable Living Trust (RLT) in their estate plan after learning about the benefits it can provide. These benefits include privacy, avoiding or reducing probate fees and delays, and aiding in the management of their assets during periods of incapacity. If you decide to implement an RLT, you’ll want to fund it by moving assets to it after it’s in place. For an RLT, which is the type of trust that operates as kind of a “Super Will,” you should be adding other […]

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