May 17, 2012

7520 Rate Drop: A Rare Opportunity Awaits…

With interest rates dropping, you should consider acting now to take advantage of this rare opportunity. The 7520 Rate for transactions in December is 1.6%. This represents a nearly 50% decrease from the May rate of 3%. 

How Could this Benefit You? 
In particular, Grantor-Retained Annuity Trusts (GRATs) and Charitable Lead Annuity Trusts (CLATs) benefit from a low 7520 rate because any increase in the value of the trust assets in excess of the 7520 rate passes free of transfer taxes to your family members once the annuity payments under the GRAT or CLAT have ended, resulting in a no-risk transfer of wealth to younger generation family members. 

Another reason to take advantage of GRATs at the present time is that Congress may again consider changes to GRATs. The House of Representatives passed bills three times in 2010 which imposed:

  • a 10-year term requirement for GRATs;
  • eliminated “zeroed-out” GRATs, requiring the value of the remainder interest to exceed zero; and
  • prohibited the annuity amount from decreasing during the first 10 years of the GRAT term.

None of these bills were passed in the Senate. President Obama has proposed the same requirements as in the 2010 House bills in his Fiscal Year 2012 Revenue Proposals. 

Other planning tools benefiting from the low interest rate environment include:

  • installment sales to intentionally defective grantor trusts
  • private annuities
  • intra-family loans
© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Of Counsel

Staci Norman Criswell is a member of the Family Wealth Planning Practice Group. Staci assists individual and institutional clients in the areas of estate planning from basic wills and trusts to more complicated planning such as GRATs, ILITs, special needs trusts, family foundations and family limited partnerships. She also assists clients with trust and estate administration, charitable giving, and asset protection planning. She has developed an extensive practice in trust and estate litigation, including will contests, will construction actions, and fiduciary litigation. Staci has a broad...

304-357-9906

About the Author

Partner

John Hussell works with individual and institutional clients in multiple stages of estate planning and asset protection planning. He is a well-respected and successful corporate attorney focusing on “peace of mind strategies” — both in helping his clients pass assets to the next generation and in executing and litigating when contests arise.

304-357-9966

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. NLR does not accept advertising from attorneys or law firms. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be an advertisement or a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.