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The Ways and Means of Tax Planning With Life Insurance After Tax ReformThe Ways and Means of Tax Planning With Life Insurance After Tax Reform

Possible answers to tricky questions from clients.

23 Min Read
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Imagine that an estate planner gives a presentation to clients on the estate and gift tax provisions of the Tax Cuts and Jobs Act (the Act). The clients hear that, as of January 2018 and running through 2025, the estate, gift and generation-skipping transfer (GST) tax exemptions are doubled to $11.18 million in 2018 and indexed thereafter, the estate, gift and GST tax rates remain at 40 percent and step-up in basis for inherited assets (other than income in respect of a decedent (IRD)) is preserved. They hear something favorable about how basis is determined when a policy is sold in a life settlement. And, as a postscript to the discussion of the Act, they hear that the current design flexibility of grantor retained annuity trusts (GRATs...

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About the Authors

Charles L. Ratner

Charles L. Ratner is a commentator on life insurance and estate planning based in Cleveland, Ohio.

Lawrence Brody

Senior Counsel, Harrison & Held, LLP

Lawrence Brody retired as an Adjunct Professor at Washington University School of Law, after fifty years of teaching Estate Planning and Drafting.  He is a visiting Adjunct Professor at the University of Miami Law School, teaching a course on Life Insurance.  Mr. Brody is the author or co-author of numerous articles and books on the use of life insurance in estate and employee benefit planning, including two BNA Tax Management Portfolios, two books for the National Underwriter Company, and a number of volumes in the ABA Insurance Counselor Series.

Mr. Brody is a frequent presenter for ALI-CLE estate planning programs, Society of Financial Professionals programs, major life insurance industry programs (including the MDRT, LIMRA, the Top of the Table, AALU and the International Forum), the Heckerling Institute, the Notre Dame Estate Planning Conference, the Southern Federal Tax Institute, the NYU Tax Institute, the NAEPC Annual Meeting, and regional and annual ACTEC conferences.

Mr. Brody is a member of The American College of Trust and Estate Counsel (ACTEC), an emeritus member of the Advisory Committee for the Philip E. Heckerling Institute on Estate Planning (University of Miami School of Law), and a member of the Editorial Board of the Society of Financial Service Professionals CLU Journal.   Mr. Brody received the designation of Accredited Estate Planner by the National Association of Estate Planners and Councils and was one of ten individuals awarded its Distinguished Accredited Estate Planner designation in the initial class (2004).  He has been named in the Private Wealth Law Section of Chambers High Net Worth Guide. Mr. Brody was named a Distinguished Law Alumni by Washington University School of Law in 2012.