Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

Family Business Valuation Proposed Regulations Withdrawn

In a notice issued by the IRS on October 17, 2017, Treasury has withdrawn the Proposed Regulations issued August 4, 2016 concerning the estate, gift and GST tax treatment of valuation of family-controlled businesses. These regulations were issued under Code Section 2704 and would have impacted planning involving the valuation of such interests for transfer tax purposes. After the proposed regulations were issued, numerous written comments were submitted and a public hearing was held on December 1, 2016. President Trump issued Executive Order 13789 on April 21, 2017, instructing the Secretary of the Treasury to review tax regulations issued on or after January 1, 2016, and to submit a report to the President by September 18, 2017. The Secretary recommended that the proposed regulations be withdrawn, and the Treasury Department and IRS have now done so.

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Year-End Tax Planning

Annual Exclusion Gifts. The gift tax annual exclusion is $14,000 for 2016, and stays the same for 2017. You can make gifts of this amount to each of any number of people in a calendar year and not have to file a gift tax return, and the gifts will not use up part of your estate tax exemption. You can also make gifts of an unlimited amount by directly paying a donee's medical expenses to the provider, or tuition to the educational institution. If you make the gift by a check, the donee must deposit the check and the amount must clear your account prior to the end of the year.

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2017 Inflation-adjusted Transfer and Fiduciary Income Tax Figures

Based on the CPI index for period ending August 31, 2016, RIA Checkpoint has calculated the transfer tax figures for 2017 to be the following:

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