Event 14 Oct. 2022
Curtis Provides Capacity Training to the Government of Uganda
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Event 21 Sep. 2022
Kalidou Gadio Speaks at AIEN 2022 International Energy Summit
Event 06 Jun. 2023
Partner Borzu Sabahi Speaks on Panel in Tashkent Law Spring International Legal Forum in the Republic of Uzbekistan
News 15 May. 2023
Curtis represents e-commerce retailer in its fight to recover monies withheld by PayPal, the global payment giant
Event 08 May. 2023
Partner Irene Petrelli to Participate in ICC YAAF Event
News 02 May. 2023
Curtis Italy with DeA Capital in the Acquisition of Magic S.r.l
Event 07 Jun. 2023
Elisa Botero Speaks on Latin America’s H2 Potential at AIEN’s International Energy Summit
Event 23 May. 2023
Partners Luciana Ricart and Fernando Tupa Will Teach a Workshop on Hearings in Investment Arbitration for Arbanza School of Arbitration’s Online Program
Event 03 May. 2023
Dr. Borzu Sabahi to Speak at ICSID-ADGM Joint Conference: Investment Protection and Armed Conflict
Event 19 Mar. 2023
Sebastiano Nessi speaks at Bahrain Business and Legal Landscape Conference
Event 01 Jun. 2023
Curtis Environmental Chair Charles Howland to Moderate Panel Discussion on Latest Developments in Environmental Due Diligence at ABA Masterclass on Environmental Transactions
News 25 May. 2023
Curtis Files SCOTUS Amicus Brief for Distinguished Law Professors in First Amendment Retaliatory Arrest Case
News 06 Mar. 2023
Russia Sanctions at the First Anniversary: An Overview of Current Sanctions in the US, UK, and EU and How Global Companies Can Navigate Evolving and Conflicting Sanctions Regimes
Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Publications December 2010
On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Authorization and Job Creation Act of 2010 (the Act). Among the key points of the Act are several provisions addressing the expiring estate, gift and generation-skipping (GST) transfer tax provisions of current law.
Unification of the Transfer Taxes
In general, the Act sets the estate, gift and GST exemption at $5 million (indexed for inflation beginning in 2012) and sets the maximum tax rate at 35%. The exemption applies in 2010, except with respect to the gift tax, which remains at $1 million until January 1, 2011.
Estate Tax Provisions
The Act made several changes to the prior estate tax regime, which provided for no estate tax in 2010, but reverted to a $1 million exemption and a maximum tax rate of 55% for estates of decedents dying beginning on January 1, 2011.
Gift Tax Provisions
As noted above, beginning in 2011, the gift tax exemption is unified with the estate and GST tax at $5 million. The unification of the gift and estate tax regimes provides powerful new opportunities for transfer planning for wealthy individuals.
GST Tax Provisions
The GST Applicable Rate in 2010 is zero, which results in no GST tax on transfers in 2010. Beginning in 2011, there is a $5 million exemption (indexed for inflation beginning in 2012) and a maximum tax rate of 35%. As with the estate tax, the time to file a GST return is extended to no earlier than nine months after the date of enactment of the Act.
The zero tax in 2010 presents one-time planning opportunities for currently non-exempt generation-skipping trusts and for gifts to grandchildren or trusts for their benefit. Such opportunities will expire after December 31, 2010.
Sunset Provisions
The provisions of the Act are only a temporary repair, expiring on December 31, 2012. The Act provides no guidance for planning beyond 2012. If Congress does not address these issues again before December 31, 2012, we will find ourselves in the same uncharted waters as we did only a few days ago.
For more information about the new Tax Relief, Unemployment Insurance Authorization and Job Creation Act of 2010, or if you have questions about how this new law may effect your current estate plan, please contact us.
Robert W. Sheehan
Partner
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