Gifting Decisions and Planning with Flexibility Under OB3
This new resource has been added to our Resource Library! Written by Kim Kamin and Jonathan Lee of Gresham, this new advanced white paper outlines best practices—including adaptable trust structures, funding strategies, and alternatives for illiquid assets—while highlighting ways to avoid IRS scrutiny and tax traps.
The USA One Big Beautiful Bill Act (“OB3”) provides planning opportunities for ultra-high-net-worth families to leverage current exemption levels through lifetime gifting. This paper details best practices for maximizing exemptions, such as gifting to grantor trusts, using trust protectors, designating powers of appointment, and structuring for adaptability across jurisdictions. It also addresses funding of existing trusts, creating new irrevocable trusts with flexible features, and managing IRS scrutiny and tax traps. For illiquid or hard-to-value assets, it offers alternatives such as gifts via secured promissory notes. The paper promotes moving beyond fear-based “use it or lose it” tactics toward thoughtful, client-centered planning.
Read the full paper here.
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