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Proposals by States to Recast SALT Payments as Charitable ContributionsProposals by States to Recast SALT Payments as Charitable Contributions

Are these a valid end-run around the new $10,000 limitation?

fox518

The Tax Cuts and Jobs Act (the Act)1 is the most far-reaching change to the Internal Revenue Code in over 30 years. Among other significant changes is the elimination or limitation until 2026 of most itemized deductions that had been allowed for individuals for federal income tax purposes. Although the state and local tax (SALT) deductions weren’t eliminated, the Act places an annual $10,000 limit on them under new IRC Section 164(b)(6). This new limitation has prompted certain states (and, in some cases, their political subdivisions) that impose high taxes to consider legislative proposals that would allow their residents to avoid the new $10,000 annual deduction limitation or curb its impact.

Proposals being considered by at least three...

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About the Authors

Jonathan G. Blattmachr

Principal, ILS Management, LLC

 

Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.

Mr. Blattmachr graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He has served as a lecturer-in-law of the Columbia University School of Law and is an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. He is author or co-author of five books and more than 400 articles on estate planning and tax topics.

Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.

Richard L. Fox

Shareholder, Buchanan Ingersoll & Rooney, PC

Richard L. Fox is a shareholder with Buchanan Ingersoll & Rooney, PC in Philadelphia.