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Another common basis maximizing technique is to borrow money on appreciated assets and gift the borrowed funds away.
This is particular useful to avoid tax in a decoupled state that has no gift tax (e.g., New Jersey).
Domestic asset protection trusts (“DAPTs”) are trusts that you set up (you’re the settlor) but you are a beneficiary of, called “self-settled” trusts.
Although there have been a number of court cases suggesting that self-settled trusts might not work, the facts on all of those cases have been pretty ugly.
If you borrow million using the highly appreciated stock as collateral, you can gift the M to a grantor trust.
You will grow the value of those assets outside your estate, you’ll pay the income tax on trust income reducing your estate, and your estate will be reduced by interest charges. What if the securities the trust invests in with the fund borrowed plummet in value?
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Thus, you are not a beneficiary when the trust is created, so arguably the trust is not a self-settled trust.Other states permit self-settled-like trusts (you can set up a marital trust for your spouse and on his or her demise the assets come flow into a credit shelter trust that you are a beneficiary of).All told there is a significant number of states that permit self-settled trusts.For example, one technique is to give someone a general power of appointment over a trust.
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That means they will be given the right to designate who will receive the assets of the trust. While layers of limitations can be placed on such powers they do bring increased layers of complexity.
Hopefully the following estate planning tidbits will make you the hit at the next campfire.
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