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Year-End Estate Planning and Business Transitions For 2024

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October 17, 2024 •  Emily Hicks Law, PLLC
As we approach the end of 2024, it’s an ideal time to revisit your tax and estate planning tasks. When reviewing year-end estate planning or business transition strategies, consider important factors like gift giving and tax implications.

As we approach the end of 2024, it’s an ideal time to revisit your tax and estate planning tasks. With many items to address, it’s prudent to take action sooner rather than later. When reviewing year-end estate planning or business transition strategies, consider important factors like gift giving and tax implications.

Here’s a checklist of items to evaluate as the year comes to a close and you plan for the future:

Year-End Gift Giving

Federal Gift Tax Exemptions: The federal gift tax exemption is currently at a historic high. These exemptions are "use-it-or-lose-it" opportunities with year-end implications. Now is also the time to consider valuation discounts for closely held business interests.

Key assets to evaluate for 2024 gifting include:

  • Marketable Securities
  • Business Interests: This includes outright gifts and the use of family businesses and other entities to exclude future appreciation from taxable estates. These entities currently qualify for valuation discounts, offering significant opportunities to leverage estate and gift tax exemptions. These discounts may be at risk if tax laws change.
  • Charitable Gifts
  • Appreciated Long-Term Capital Assets

Planning Timeline: Remember that substantial lifetime gifts require careful planning, so start the process early. For more insights on creating a legacy through gifting, check out Capital Press’s commentary on the topic. It’s particularly crucial if you intend to make gifts by year-end.

Upcoming Changes: As we look to 2025, keep in mind that the historically high federal estate and gift tax exemption is set to expire unless Congress acts. The exemption was temporarily doubled in 2017 and will revert to around $7 million in 2026 if no changes occur, adjusted for inflation. If you want to discuss strategies to maximize the current exemption, please reach out.

Estate Planning

Year-End Considerations: As the year closes, assess your estate planning for potential changes, including estate and gift tax exemptions and possible tax reforms.

  • Exemption Rollbacks: The current exemption for 2024 is $13.61 million per individual. This amount is temporary and will revert to prior law levels in 2026, likely dropping to less than half the current figure after adjusting for inflation.
  • Gifting Strategies: With the anticipated reduction in the exemption, consult your estate planning attorney and financial advisors to evaluate whether making a lifetime gift is prudent. Act quickly, as the window for significant gifts may close soon, and most strategies require time to implement.
  • Review Your Plan: The year-end is a great opportunity to revisit your estate plan and consider necessary updates. For business owners, this review is particularly important. Be cautious when using free or online resources for estate planning; always consult a professional before finalizing any documents.
  • Assess Planning for Adult Children: If you have a child over 18, consider what estate planning documents they might need. For guidance, see Planning for Families with College Students.
  • Natural Resource Property Owners.

Year-End Charitable Giving

Opportunities for Charitable Gifts: There are numerous ways to make impactful charitable contributions that can lower your tax liability. If you plan to donate before the year ends, refer to our Tips for Planning Charitable Giving.

Year-End Income Tax Planning

Discuss Potential Changes: With uncertainties surrounding future tax regulations, individuals and business owners should consult tax and estate planning experts regarding possible adjustments to:

  • Individual and Corporate Income Tax Rates
  • Carryback Losses
  • Basis or Cost Issues
  • C Corporation Losses
  • 1031 Exchanges
  • Capital Gains Rates
  • Suspension of Required Minimum Distributions for Retirement Accounts

Business Transition Planning

Opportunities Ahead: The remainder of 2024 and into 2025 presents significant opportunities for business transitions. The mergers and acquisitions market is slowly improving, although many companies still face challenges due to high interest rates and regulatory scrutiny. However, businesses with strong financials or unique market positions remain attractive to buyers, including private equity firms eager for acquisitions.

Seller Preparedness: Sellers who are ready for extensive due diligence are more likely to close successful transactions. The structure of deals often hinges on tax implications, making advance planning essential.

Key Employee Transitions: There’s an increasing trend toward transitioning businesses to key employees. These plans can maintain the business's legacy but require careful financial consideration. Written transition plans can help businesses capitalize on opportunities when they arise.

Corporate Transparency Act

Compliance Requirements: The Corporate Transparency Act took effect on January 1, 2024, requiring most small businesses to file information about their entities and beneficial owners with the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN). Entities formed before 2024 must file by December 31, 2024, while those created in 2024 have a 90-day window. Businesses should assess whether this Act applies to them and consult with legal counsel for compliance guidance.

In conclusion, there is much to consider at year-end with regards to tax planning and estate planning. If your circumstances have changed, and you need to update your documents, give us a call.

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