Estate Planning Update - September 2012: The Silver Lining of Historically Low Interest Rates

Troutman Pepper
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Each month the Internal Revenue Service issues a ruling containing the applicable federal rates for the following month. These rates determine the value of gifts to certain trusts that defer the time upon which the recipient receives possession of the principal. They also set minimum interest rates that are applied to intra-family loans. The rates for September 2012 are historically low. For determining the present value of a deferred gift to the individual beneficiary of a Charitable Lead Annuity Trust (CLAT) or a Grantor Retained Annuity Trust (GRAT), the September 2012 rate is 1.0 percent, resulting in a tax-free gift of any income earned and appreciation in excess of 1.0 percent. For intra-family loans, the minimum interest rates for September are 0.21 percent for loans under 3 years, 0.84 percent for loans between 3 and 9 years and 2.18 percent for loans over 9 years, making this an ideal time to consider strategies for the tax-efficient transfer of wealth to future generations.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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