Publications

Navigating The Evolving US Estate Planning Landscape

Navigating The Evolving US Estate Planning Landscape

Estate planning has evolved into a vibrant field marked by substantial transformations in recent years. These changes are propelled by updates in legislation, technological advancements, and shifts in societal norms. As a trust and estates attorney, I closely monitor these trends and understand the significance of staying abreast to offer superior service to my clients. Here are the key topics in contemporary estate planning and the advantages of engaging with either large or boutique law firms.

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Year-End Tax Planning Considerations for Families with Property Interests in the US
Tax Planning, CRAT, GRAT Matthew Erskine Tax Planning, CRAT, GRAT Matthew Erskine

Year-End Tax Planning Considerations for Families with Property Interests in the US

The end of the year presents a strategic opportunity for family enterprise advisors to guide their clients in reviewing their wealth and estate planning strategies.

This is the perfect time for clients to reflect on their financial objectives and align them with their current and future financial commitments. Whether their interests lie in philanthropy, planning for generational business transitions, or navigating surplus wealth goals, effective year-end planning can help optimize their financial outlook.

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Aretha Franklin’s Estate: Why Copyrights Require Estate Planning
Copyright, Unique Assets, Tax Planning Matthew Erskine Copyright, Unique Assets, Tax Planning Matthew Erskine

Aretha Franklin’s Estate: Why Copyrights Require Estate Planning

The Aretha Franklin estate is a high-profile, and expensive, lesson in how not to manage copyrights in an estate. These copyrights should be considered assets and an integral part of the client’s estate. Such planning includes the management and distribution of copyright assets after the copyright owner passes away. Proper estate planning can ensure the protection and transfer of copyright ownership, as well as provide for the financial well-being of heirs and beneficiaries.

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Avoiding (or at Least Deferring) Taxes on the Sale or Gifting of Art
Art Sales, Art Collections, Artwork, Tax Planning Matthew Erskine Art Sales, Art Collections, Artwork, Tax Planning Matthew Erskine

Avoiding (or at Least Deferring) Taxes on the Sale or Gifting of Art

If your client is an artist, collector, or inheritor of art, when it comes time to plan to sell or gift the art, sale at auction could result in half of the hammer price going to taxes and fees. Consider using the charitable status of organizations like the Center for Art Law or Charitable Trusts to help defer or avoid the tax.

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Advising Investors And Collectors Of Gold
Gold, Tax Planning, Investments Matthew Erskine Gold, Tax Planning, Investments Matthew Erskine

Advising Investors And Collectors Of Gold

Investing in gold: Investors buy gold as a hedge against the rise of inflation, the fall of the stock market, or the change in the strength of the dollar. The two common ways of investing in gold is to hold gold indirectly, either through a fund that holds gold directly, for example, the Gold ETF (ticker symbol GLD); or hold stock in companies that mine and refine gold, such as Barrick Gold (ticker symbol ABX), or directly by buying bullion, either in the form of coins or bars

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Exiting The US: Procedure And Taxes
Taxes, Expatriation, Tax Planning Matthew Erskine Taxes, Expatriation, Tax Planning Matthew Erskine

Exiting The US: Procedure And Taxes

A number of US citizens talk of leaving the country, few understand how complicated and lengthy the process can be. Covered expatriates

The law covers people who leave and are either: 1) US citizens or, 2) long-term permanent residents who have held green cards for eight of the last fifteen years who give up their green card. Both are subject to an immediate "Exit Tax" on unrealized gains on their assets, both in the US and worldwide, including grantor trusts and future gifts to US citizens and residents.

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Why Its Important To Write A Good Thank You Letter
Charitable Donations, Deed of Gift, Tax Planning Matthew Erskine Charitable Donations, Deed of Gift, Tax Planning Matthew Erskine

Why Its Important To Write A Good Thank You Letter

What we were all told as children—it is important write a prompt thank you letter for any gifts received, even that eye-searing sweater you hide in the closet. This goes doubly so for charities who receive a donation. Donors should check whether the documents from the charity acknowledging their donation includes the amount of cash donated, a description of non-cash donations, whether there are any goods and services provided in return for the donation and what the estimated value of those goods and services might be.

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Common Client Tax Planning Problems Cheat Sheet

Common Client Tax Planning Problems Cheat Sheet

Although there are many new and interesting tax planning techniques, sometimes it is the tried-and-true standards that are overlooked, that may best provide the solutions to estate and income tax problems. Here is a useful list of estate planning scenarios and possible solutions.

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Reporting Requirements For Cryptocurrencies And NFTs Begin In 2023
Income Taxes, NFT, Tax Planning Matthew Erskine Income Taxes, NFT, Tax Planning Matthew Erskine

Reporting Requirements For Cryptocurrencies And NFTs Begin In 2023

Planning on acquiring, digital assets, here is what to expect before the end of 2022?

Crypto Exchange, will collect a Form W-9 from you (seeking your taxpayer identification number) transactions subject to the reporting will include not only selling cryptocurrencies for fiat currencies (like U.S. dollars), but also exchanging cryptocurrencies for other cryptocurrencies, Form 8300 reporting of cash transactions will presumably follow the same effective dates.

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The Coming Storm
Taxes, Tax Planning, Trusts, CRAT, GRAT Matthew Erskine Taxes, Tax Planning, Trusts, CRAT, GRAT Matthew Erskine

The Coming Storm

Yesterday, May 20, 2021, Senator Bernie Sanders (I-VT) introduced S. 994, the "For the 99.5 Percent Act," to "reinstate estate and generation-skipping taxes, and for other purposes.". This Act amends the Internal Revenue Code by increasing the gift and estate tax rates from 40% to a high of 65% and decreasing over the basic exclusion amount from $10 million, adjusted for inflation to now over $11.7 million, to $3.5 million with no adjustment for inflation .

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Tactics To Reduce Your Capital Gains Tax And Your Estate Tax

Tactics To Reduce Your Capital Gains Tax And Your Estate Tax

To those who have highly appreciated assets and expect their estates to exceed $3.5 million, is to be better educated about these tactics and their advantages and disadvantages especially with the turbulent environment for tax laws in the coming years.

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For The 99.5 Percent Act - What It Is, What It Does And What To Do About It.
Trusts, GRAT, Tax Planning, Estate Planning Matthew Erskine Trusts, GRAT, Tax Planning, Estate Planning Matthew Erskine

For The 99.5 Percent Act - What It Is, What It Does And What To Do About It.

On March 25, 2021, Senator Bernie Sanders (I-VT) and Senator Sheldon Whitehouse (D-RI) introduced the “FOR THE 99.5 PERCENT ACT” which will dramatically and historically change estate planning by reducing the federal estate and gift tax credits, increasing estate, gift, and GST tax rates and including assets in certain trusts that are not now includible in estates. The changes would be effective for decedents dying and gifts made on or after December 31, 2021. Planning: This is a “use-it-or-lose-it-now” provision which means that your $11,700,000 exemption can be passed either by dying or by making gifts. Transfers must take place before the effective date of these changes. The following is a summary of the changes

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Own A $7 Million Trading Card? Time To Do Some Income Tax Planning!

Own A $7 Million Trading Card? Time To Do Some Income Tax Planning!

Baseball cards, and other trading cards have had a surge in popularity. Finding and selling one of these valuable cards could be a great return! When you do, also need to think about income taxes when you sell artwork or collectibles. Your income from selling tangible assets, such as trading cards, is taxed differently than income or gains from other investments. How you own a collectible will control how much income tax you will pay on the gains from a sale.

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The Year Ahead - Proposed Tax Changes And Their Impact.
Taxes, Income Taxes, Tax Planning, Corporate Tax Matthew Erskine Taxes, Income Taxes, Tax Planning, Corporate Tax Matthew Erskine

The Year Ahead - Proposed Tax Changes And Their Impact.

Tomorrow, January 2oth, Joe Biden will be sworn in and for the first time since 2009, the Democrats will control the White House, the House, and the Senate (though with Vice President Harris providing the tie-breaking vote). During the campaign there where a number of proposals, here are some:

● Increase corporate tax rates from 21% to 28%,

● For companies with over $100 million in net annual income, a corporate minimum tax of 15%, though net operating losses and foreign tax credits still apply,

● Increase the Global Intangible Low-Tax Income tax rates, imposed on foreign subsidiaries of US companies, from 10.5% to 21%,

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Forbes: What A Difference A Year Makes! Income Tax Changes Since December 2019
Tax Planning, Income Taxes, Financial Planning Matthew Erskine Tax Planning, Income Taxes, Financial Planning Matthew Erskine

Forbes: What A Difference A Year Makes! Income Tax Changes Since December 2019

What a difference a year makes! Even before the outbreak of the Covid-19 pandemic earlier this year, there have been changes to the income tax code with a significant impact on individual taxpayers. Here is a reminder of those significant changes and how they might affect you.

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