Here at ELPO Law, we have been asked by many clients throughout the years to advise on and implement changing a company’s state of organization from out of state to Kentucky. Historically, the procedure appeared to be fairly uniform across the states, usually invoking the merger statutes of the two states involved – the current jurisdiction of the entity’s organization and the jurisdiction to which the entity desires to relocate. In recent years, more states are adopting “domestication” statutes which, if allowed by the organization’s home state, allows a corporation to “domesticate” in a new jurisdiction without having to wade through the merger process and learn how to satisfy every state’s merger statutes.
The IRS announced on Wednesday that it will push back the tax return filing and payment deadlines for individuals to May 17 from April 15 partly due to the new $1.9 trillion relief law and its impacts on 2020 individual income taxes. We emphasize that this extended deadline is only for individuals, and not partnerships, corporations, or other filing entities. It also does not apply to paying estimated first quarter 2021 taxes, if you happen to fall in that category. Of course this is the case for now, but all could change in the next coming days. Regardless, the deadline for individuals will not revert to any date sooner than May 17.
What is relieving, and interesting for a tax professional, is that individuals can also delay paying taxes due on April 15 until May 17. Traditionally, extended deadlines apply to filing returns, but not paying taxes due. Penalties and interest will not start to accrue on unpaid balances until May 17.
Powers of Attorney are a crucial estate planning document and are a critical step in planning for incapacity. A power of attorney allows a person you appoint the written authorization and power to act on your behalf in business, legal, financial, and medical matters. This is usually a trusted family member. If the right power of attorney is put in place, then once incapacitated, the agent (or person appointed under the power of attorney) can step in and take care of the principal’s legal and financial affairs. Without the right power of attorney – or any at all – the incapacitated individual’s family would need to go through the justice system to have a guardian or conservator appointed to represent them.
A power of attorney may be limited or general. A limited power of attorney may only give someone a specific right or two – perhaps the most common place you’ll see a limited power of attorney is in purchasing a car or real estate. Car dealers will often have you sign a limited power of attorney granting them the authority to complete the transaction at the local county clerk. Additionally, you might give someone the authority to sign a deed to property for you on a day that you will be out of town. A general power is comprehensive and usually grants your agent all the powers and rights that you have yourself. This can include allowing your agent to make bank transactions, sign checks, apply for disability, or simply pay your bills.
Believe it or not, the end of 2020 is quickly approaching (insert collective sigh of relief). While I think most of us are ready to start looking forward to 2021 and would prefer to not even have to utter the words 2020 anymore, now is the time to finish off the year strong by reviewing simple, yet important, year-end tax planning and wealth transfer tips.
When most people think of tax planning and wealth transfer, they may have in mind complex estate planning documents and an overload of legal and accounting advice. But that doesn’t have to be the case. Here are three simple tips that you can implement with relative ease, though you will want to consult your tax advisor first.
1. The Annual Gift Tax Exclusion. The simplest tax planning and wealth transfer technique involves the all-too-familiar annual gift tax exclusion. The annual gift tax exclusion is an amount that a person may give to another person without having to file a gift tax return or otherwise report to the IRS. The current exclusion is $15,000 per person receiving the gift. The exclusion is indexed for inflation, but it may only increase in $1,000 increments. Further, married taxpayers may elect “gift-splitting,” which basically doubles the amount of the gift that they may make to one person using the gift tax exclusion; for each person receiving the gift, the limitation would be $30,000 rather than $15,000. For example, if a married couple has two children and four grandchildren, they can give up to $30,000 to each of these people tax-free and without having to report it to the IRS. Therefore, the married couple may transfer $180,000 total to the children and grandchildren. Going further, if the children are also married, the taxpayers may give an additional $30,000 to each child’s spouse, which may be desirable if the child and the spouse hold a joint checking or investment account. Note, however, that a gift tax return would need to be filed if the taxpayers elect gift-splitting. The gifts are not taxable at all, but the IRS would like to know that the $30,000 was gifted via gift-splitting.
By Nathan Vinson
Right at two years to the date, Kentucky has again changed its power of attorney law by adopting parts of the Uniform Power of Attorney Act that it did not adopt as part of the changes that went into effect on July 14, 2018. The new law went into effect on July 15, 2020, and applies to a power of attorney created before, on, or after July 15. However, acts done before July 15, 2020 are not affected by the new law.
The biggest change created by the 2018 law was the requirement that the power of attorney be witnessed by two disinterested persons, though a power of attorney validly executed before that law went into effect remained valid. The new law brings about three major changes – one of them being no more witnesses required! Just two years after that requirement came into effect, it is again changed to take us back to prior law. However, practitioners may decide it is best practice to continue to require two witnesses. Further, some states require that the power of attorney have two witnesses, especially when used to transfer real estate. On the flipside, the new law makes executing a power of attorney in urgent situations much easier.
Well here we are. It has been well over a year since the United States Supreme Court’s decision in South Dakota v. Wayfair, Inc. As a refresher and not to make your eyes agonizingly glaze over with the down and dirty tax details, Wayfair essentially upheld South Dakota’s tax law that required remote retailers with no physical presence in the state to collect and remit South Dakota sales tax. Prior to Wayfair, states could not require retailers without a physical presence in such states to collect and remit sales tax pursuant to the Supreme Court’s decision in Quill Corp v. North Dakota.
South Dakota’s remote retailer law sets a threshold requirement for its application. A remote retailer must, on an annual basis, deliver more than $100,000 of goods or services into the state or engage in 200 or more separate transactions for the delivery of goods or services into the state. The law therefore contains a so-called small retailer exception.
By Nathan Vinson, Attorney and Partner
English, Lucas, Priest and Owsley, LLP
We’ve had lots and lots of questions about the new tax law passed by Congress and signed into law by President Donald Trump in late 2017. It is a large, complicated and sweeping bill that the average person may have some trouble deciphering, which is understandable. We wanted to tackle here what we see as one of the major benefits for those planning their estates: doubling the exemption for estate taxes.
If you’re looking to a solid guide to all of the tax law changes, read The Motley Fool’s take on it here.
In 2011, this base was set at $5 million, and it was indexed for inflation, meaning that you could leave up to $5 million (plus the adjustment for inflation) to your heirs and your estate would pay no estate tax. For tax year 2017, that amount was $5.49 million once adjusted for inflation.
Tax season is behind us (ahh, it feels nice to type this…) but it’s never too early to remind folks what to look for in a tax preparer – particularly given the news out of the U.S. Department of Justice earlier this year.
The U.S. Department of Justice banned a Kentucky man from preparing tax returns for life after auditing several of his clients’ returns. He offered a service in which he would go to the home of a client and prepare their tax returns on the spot, but he filed fake deductions, including using his own relatives as dependents on their returns and falsifying letters from churches indicating that people had donated money that they had not. He is banned from preparing taxes for life, and rightly so. The Internal Revenue Service takes incidents like this very seriously and has taken a necessary step to help keep the tax preparation industry free of con artists.
By Nathan Vinson, attorney
Life estates have long been an efficient and simple succession planning device for those who want to leave their homes to loved ones when they die.
Here is a basic illustration of how it works: Mom has survived Dad and owns her house outright. She still lives in the home, which has a value of $300,000. Mom wants to leave the home to her Son at her death. So, Mom gives her house to the Son (the “remainder interest”) and reserves the right to live in the home during her life (the “life estate”).