News 19 Dec. 2019
Curtis Wins in London for Federal Airports Authority of Nigeria
News 18 Apr. 2016
Curtis gains recognition in new Africa publication
News 26 Feb. 2020
Curtis Secures Comprehensive Victory for the Republic of Kazakhstan’s Committee of Roads
News 24 Jan. 2020
Curtis defeats $400 million investment treaty claim brought against India
News 13 May. 2020
Curtis Announces the Addition of Two New Partners and a New Counsel in Milan
Client Alert 13 May. 2020
France Insight: The Ministry of Economy and Finance broadens eligibility criteria to access State-guaranteed loans during the COVID-19 (Coronavirus) Pandemic
Article 05 May. 2020
Contractual Breaches Because of COVID-19: Mediation Agreements
Event 24 Apr. 2020
Partner Claudia Frutos-Peterson Discusses the Impact of COVID-19 on International Arbitration in a Webinar Organized by the Comisión de Arbitraje del Colegio de Abogados de Panama
Event 31 Jan. 2020
Partner Antonia Birt Speaks at 5th Annual GAR Live Abu Dhabi
Publications 15 Jan. 2020
Antonia Birt publishes IBA Arbitration Country Guide for the UAE
Event 21 May. 2020
Partner Claudia Frutos-Peterson Discusses Alternative Dispute Resolution in Times of COVID-19 in a Webinar hosted by American University’s Washington College of Law
Event 11 May. 2020
Curtis Associate Luis Carlos Ramírez Martínez to Speak on a Panel titled “Effects of COVID-19 on International Trade”
Client Alert 26 May. 2020
Italy Insight: COVID-19 (Coronavirus) Recovery Decree: a Company-Oriented Analysis
Event 26 May. 2020
Partner Gabriela Alvarez Avila participates in International Law Association Webinar on International Organizations in Times of Pandemic: Virtual Meetings
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.
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