Formula and defined value clauses are used in estate planning to attempt to “fix” the value of property transferred in a lifetime gift, testamentary transfer, or sale. These clauses are also frequently used in marital deduction and credit shelter trusts, and GST allocations. Carefully drafted formula clauses can withstand IRS scrutiny and optimize tax outcomes for a client’s estate. But the IRS is aggressive in challenging formula clauses as not reflecting economic reality and understating the value of the property transferred. This program will provide you with an in-depth discussion of the uses of formula clauses, regulatory and case law developments, and practical guidance in drafting clauses to avoid red flags and withstand IRS scrutiny.
- Types of clauses – formula allocation by subsequent agreement, final value for gift taxes, or price adjustment
- Use in marital deduction and credit shelter trusts, and GST Tax allocations
- Spotting red flags that may trigger IRS scrutiny
- Case law and regulatory developments
- Special considerations in “de-coupled” states
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