tax planning san francisco
Tax Planning & Strategy

Expert Guidance in Estate and Trust Taxation

Estate and Trust Taxation requires careful planning, reporting, and compliance to preserve and transfer your legacy with minimal tax impact. At Kaur Tax, we help individuals, families, and fiduciaries navigate the complex rules governing estates and trusts, offering tailored solutions that align with federal and state regulations.

Whether you're planning, managing a loved one's estate, or serving as a trustee, our goal is to simplify the process while protecting assets and minimizing liabilities.

What is Estate & Trust?

Estate

An estate is the total sum of all assets, liabilities, and property owned by an individual at the time of their death. This includes real estate, investments, retirement accounts, personal property, and debts. Proper estate planning ensures that assets are distributed according to the deceased's wishes, minimizing taxes and ensuring beneficiaries are well taken care of.

Trust

A trust is a legal structure in which a trustee manages beneficiary assets. Trusts are often used to bypass probate, safeguard wealth, and control how and when assets are distributed. Trusts may be:

     ✅ Revocable Trusts: These can be changed or dissolved during the grantor's lifetime.

     ✅ Irrevocable Trusts: Cannot be altered, offering greater tax advantages and asset protection.

What is Tax Planning for Estate & Trust?

Tax planning for estates and trusts involves strategically managing the wealth and assets of an individual to minimize taxes after death or during the trust’s administration. This includes the proper structure of estates, selecting the right types of trusts, and utilizing tax exemptions, deductions, and credits to reduce taxable estates and trusts.

  1. Estate Tax Planning

    Involves methods to minimize estate taxes upon death, including making lifetime gifts, utilizing exemptions, and setting up irrevocable trusts.

  2. Trust Tax Planning

    Focuses on using trusts to shift income or assets to beneficiaries in lower tax brackets, reduce estate tax exposure, and ensure assets are managed effectively after the grantor’s death.

By planning ahead, families can ensure that their estates pass smoothly to heirs while minimizing the estate’s tax burden.

When Should I Plan for Estate & Trust?

Estate planning should begin as soon as significant assets are acquired or a family is established. Key life events, such as the birth of children, marriage, or the acquisition of wealth, provide excellent opportunities to start planning. Additionally, estate and trust planning should be revisited periodically to adapt to life changes and tax law adjustments.

Ideal Timing

Begin planning in your 30s or 40s, as soon as assets and wealth begin accumulating.

Key Milestones

Consider revisiting your plan during major life events (e.g., marriage, children, retirement).

Ongoing Review

Regularly updating your plan with an estate planning attorney and tax advisor ensures the structure remains tax-efficient and in line with your goals.

Proper planning ensures that your family and loved ones are financially protected and that taxes are minimized.

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Estate & Trust Tax Planning Strategies

Effective estate and trust tax planning strategies involve creating structures that ensure minimal tax liabilities and protect the interests of beneficiaries. Here are some strategic steps:

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Gifting Strategy

Gifting allows you to transfer assets out of your estate, reducing its value and thereby minimizing estate tax exposure. The annual exclusion allows you to gift up to $18,000 per recipient (as of 2024) without triggering gift taxes. Larger gifts can be spread out to avoid exceeding lifetime gift limits.

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Utilizing the Estate Tax Exemption

The federal estate tax exemption allows individuals to pass on over $12 million (2023 limit) without being subject to estate tax. Planning for the effective use of this exemption, including making lifetime gifts and structuring the estate appropriately, can dramatically reduce taxes. Married couples can leverage the portability rule, which allows unused exemptions to pass to the surviving spouse.

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Irrevocable Trusts

Setting up irrevocable trusts removes assets from your taxable estate, reducing potential estate taxes. By transferring ownership of assets like life insurance policies or investments into these trusts, the value of these assets is no longer part of the estate.

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Charitable contributions made through charitable trusts or bequests can reduce the taxable estate. By contributing to a qualified charitable organization or establishing a Charitable Remainder Trust (CRT), you can reduce taxes while supporting causes that matter to you.

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Life Insurance Trusts

Life insurance policies held in an irrevocable life insurance trust (ILIT) are excluded from your taxable estate. This allows the death benefit to pass to beneficiaries tax-free, bypassing estate taxes.

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Step-Up in Basis

When a beneficiary inherits property, they typically receive a step-up in basis, meaning the property's value is adjusted to its current market value, not the original purchase price. This can significantly reduce capital gains taxes when the property is sold.

Proper planning ensures that your family and loved ones are financially protected and that taxes are minimized.

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Tax Strategy

Who Has to File Estate Tax Returns?

An estate tax return (Form 706) is required for estates that exceed the federal estate tax exemption limit. The estate’s executor is responsible for filing this return within 9 months of the decedent’s death.

Exceptions:

  1. Married Couples

    Married couples can use the estate tax exemption of both spouses (portability) if the appropriate election is made.

  2. State Estate Taxes

    Some states have lower exemption thresholds, requiring state estate tax returns to be filed even if the federal threshold is not met.

  3. Estate Value Under Exemption

    If the estate is below the exemption limit, a return may still be required to claim portability of unused exemptions or other tax benefits.

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Gift Tax Returns

Estate & Trust Compliance to Follow

  1. Filing Deadlines

    Federal estate tax returns (Form 706) must be filed within 9 months of the decedent’s death. State returns have different deadlines.

  2. Income Tax for Trusts

    Trusts generating income must file an annual income tax return (Form 1041). Beneficiaries receiving distributions will report this income on their individual tax returns, and a Schedule K-1 is provided to show the income distribution.

  3. Trust Accounting

    Executors and trustees must maintain accurate records of estate or trust assets, liabilities, distributions, and income. Documentation must be thorough for probate and compliance.

  4. Taxable Estate Reporting

    The estate’s value, including property, life insurance, and retirement accounts, must be reported. The executor must also report debts, expenses, and final distributions.

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Why Kaur Tax is the Best for Estate and Trust Planning?

At Kaur Tax, we understand that estate and trust matters are profoundly personal and financially significant. Our team of licensed tax professionals, CPAs, and enrolled agents brings clarity, compassion, and strategy to every client interaction.

Here's why families trust us:

  • Deep expertise in federal and state estate laws
  •  Personalized estate and trust tax strategies
  •  Guidance for trustees, executors, and beneficiaries
  •  Clear communication and thorough documentation
  •  Long-term planning to protect generational wealth
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