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Gifts to Individuals Can Benefit Your Estate - TIAA-CREF

Gifts to Individuals Can Benefit Your Estate - TIAA-CREF

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during your lifetime, your estate tax exemption will drop from $2 million <strong>to</strong> $1million (for2006). Still, the full amount of the gifts and all subsequent income and appreciation are outsideyour estate.So, if you want <strong>to</strong> make very sizable gifts, you can give up <strong>to</strong> the value of your remainingexclusion amount without paying any gift tax. (<strong>Your</strong> gift tax return will apply the unused lifetimegift tax exclusion <strong>to</strong> shelter all of the gift tax.)Tax-Favored Forms of <strong>Gifts</strong>If your gift takes any of the following forms, your beneficiary will receive at least some degreeof shelter from tax on investment earnings. Also, some states offer an up-front state taxdeduction on contributions <strong>to</strong> 529 tuition savings plans.529 College Savings Plans You can contribute up <strong>to</strong> $60,000 per beneficiary ($12,000 times 5),that’s $120,000 for taxpayers filing jointly, <strong>to</strong> a 529 plan in one year without incurring thefederal gift tax. The contribution would be counted against your annual gift tax exclusion overfive years, so you would have <strong>to</strong> wait five years before making another tax-free gift of any type<strong>to</strong> that particular beneficiary. If you are single with 10 grandnieces and nephews, for example,you could immediately transfer $600,000 ($60,000 times 10) out of your federal taxable estate inthis way. A couple with 10 beneficiaries could transfer out $1.2 million. For more informationon 529 College Savings Plans, call 888 381-8283; for the Independent 529 Plan (for privateschools), call 888 718-7878.UGMAs/UTMAs For gifts <strong>to</strong> a minor beneficiary (a child or grandchild, for example), the simpleapproach is <strong>to</strong> open a cus<strong>to</strong>dial account under your state’s Uniform <strong>Gifts</strong> <strong>to</strong> Minors Act orUniform Transfers <strong>to</strong> Minors Act (UGMA or UTMA) and fund it with mutual funds or similarinvestments. This avoids the cost and complexity sometimes associated with establishing a trustand generally makes sense when gifts are relatively small.A possible disadvantage of using cus<strong>to</strong>dial accounts is that the assets will belong <strong>to</strong> the minorbeneficiary when he/she reaches the age of majority (typically 18 or 21, depending on yourstate’s law), without any restrictions. If a gift <strong>to</strong> a cus<strong>to</strong>dial account makes sense in yoursituation, you should avoid serving as cus<strong>to</strong>dian for any account that you establish. Doing sowould cause the assets <strong>to</strong> be included in your estate for estate tax purposes if you die before yourbeneficiary reaches the age of majority. For more information on UGMAs/UTMAs call 800842-2776.Trusts If you are making a large gift or plan <strong>to</strong> make a series of gifts that will potentially grow <strong>to</strong>a substantial amount in time, placing the gift in trust can provide a number of benefits for youand your beneficiary. You can direct when and how your beneficiary may use the assets. Aprofessional trustee can be appointed <strong>to</strong> provide long-term asset management of the gifted assets.And the gifted assets may be protected from credi<strong>to</strong>rs. Establishing a trust usually involveshaving an at<strong>to</strong>rney draft the trust document, then giving the assets <strong>to</strong> the trustee <strong>to</strong> manage. Thetrustee can be an individual or a corporate trustee like <strong>TIAA</strong>-<strong>CREF</strong> Trust Company, FSB, orboth. For information about Trust Company services, call 888 842-9001.

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