I don't know if this will interest anyone (hopefully it will 
interest new.morning) but if you want an idea how estate planners 
and tax attorneys go about tax avoidance, here's an example...a 
perfectly LEGAL example):

Assume an individual -- we'll call him Mr. X -- who is worth $12 
million.  Assume an estate tax rate of 50% and an estate tax 
exemption of $2 million.  Assume the bulk of Mr. X's estate is made 
up of his car dealership which is valued at $10,000,000

Without proper tax planning, if Mr. X dies today, his heirs will 
lose $5 million in estate tax:

Estate:             $12,000,000
Less exemption:        2,000,000
Taxable estate:     $10,000,000
X rate                  X   .5
Estate tax payable: $ 5,000,000

CONCEPT OF THE IMMEDIATE ANNUITY

You have to understand the concept of the immediate annuity to see 
how this scheme works.

You can purchase from an insurance company something called an 
immediate annuity (not to be confused with a tax-deferred annuity).  
You purchase the immedate annuity from an asset you own and, in 
return, the insurance company promises to pay you X amount of money 
each year for the rest of your life, no matter how long you live 
(it's kinda like a pension plan).  How much you get each year 
depends upon your age and gender: the older you are (and the lower 
your life expectancy)the more you get each year.  So, for example, a 
90-year-old who purchases an immediate annuity for $10 million would 
get a guaranteed annual payout of $3.5 million for life; a 40-year-
old who purchases one for $10 million would get $400,000 a year for 
life.

The key point is that the payments stop at death: if you live only 
one year, the one payment is all that the insurance company had to 
pay you; if you live a LONG time, the insurance company still has to 
pay you every year.

But the payments end at death. As such, as soon as the $10 million 
is paid into the program it ceases to be an asset because it is now 
entirely out of the estate; it is now a promised income stream of 
whatever amount will be paid out per year.  Assets are taxed under 
the estate tax; income isn't and income that ends at death has no 
residual value.

Okay.  The fact is that insurance companies aren't the only entities 
allowed to sell immediate annuities.  Assume Mr. X has heirs: his 2 
sons.  His 2 sons set up a trust that, like an insurance company, 
sells immediate annuities.  So the trust "sells" an immediate 
annuity to their father for $10 million that promises to pay him, 
say, $500,000 a year for life. And the $10 million in assets that 
are put into the trust is the car dealership...which just happens to 
make $500,000 in profit each year.

So, the father's estate has now been reduced by $10 million, he is 
still getting his net profit of $500,000 from his business each year 
(and he signed a contract that has him as the president for 40 
years).  He dies the next year, there is zero estate tax because his 
estate is now only worth $2 million (which just so happens to be the 
size of the exemption), the sons -- who are the trustees of the 
trust -- get the business in its full $10 million value AND they 
receive the $2 million that their father is worth.

Thus, full transfer of the $12 million estate without paying one 
penny in estate tax.





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