• About Us
    • Small Businesses
    • Mid-Size Businesses
    • Individual Taxpayers
  • Tax
    • Business Tax Preparation
    • Individual Tax Preparation
    • Trust and Estates Tax Preparation
    • IRS Audit
    • Unfilled Tax Returns
    • Tax Consulting
  • International Tax
    • Expat Taxation
    • New US Residents
    • Foreign Assets Reporting
    • Inbound International Tax
    • Outbound International Tax
    • Dual Status Taxpayers
    • Foreign Trust Taxation
    • Foreign Investment in US
    • FATCA compliance
    • Int’s Bookkeeping
  • Accounting
    • Financial Statements Preparation
    • Review of your Books
    • Quickbooks
    • Xero Accounting
  • Advisory
    • Business Best Practices Coaching
    • Entity Structure & Tax Elections
    • Accounting System Analysis & Implementation
  • Pricing
    • Free Initial Meeting
    • Tax Return Fees
    • Manageable Cost for Service Year Around
  • Portal
  • Contact Us
Victoria Bogdanovich CPAVictoria Bogdanovich CPA
Victoria Bogdanovich CPAVictoria Bogdanovich CPA
  • About Us
    • Small Businesses
    • Mid-Size Businesses
    • Individual Taxpayers
  • Tax
    • Business Tax Preparation
    • Individual Tax Preparation
    • Trust and Estates Tax Preparation
    • IRS Audit
    • Unfilled Tax Returns
    • Tax Consulting
  • International Tax
    • Expat Taxation
    • New US Residents
    • Foreign Assets Reporting
    • Inbound International Tax
    • Outbound International Tax
    • Dual Status Taxpayers
    • Foreign Trust Taxation
    • Foreign Investment in US
    • FATCA compliance
    • Int’s Bookkeeping
  • Accounting
    • Financial Statements Preparation
    • Review of your Books
    • Quickbooks
    • Xero Accounting
  • Advisory
    • Business Best Practices Coaching
    • Entity Structure & Tax Elections
    • Accounting System Analysis & Implementation
  • Pricing
    • Free Initial Meeting
    • Tax Return Fees
    • Manageable Cost for Service Year Around
  • Portal
  • Contact Us

Recent developments in estate planning – Generation-skipping transfer tax 2

Home UncategorizedRecent developments in estate planning – Generation-skipping transfer tax 2

Recent developments in estate planning – Generation-skipping transfer tax 2

March 17, 2023 Posted by Victoria Uncategorized

Late allocation to CRUT allowed

In IRS Letter Ruling 202134005 released Aug. 27, 2021, the taxpayer requested an extension of time to allocate GST exemption to a charitable remainder unitrust (CRUT).

The donor created and funded the CRUT sometime after Sept. 24, 1985, and before July 29, 1997. The CRUT instrument provided for the annual payment of a unitrust amount for life to the taxpayer’s grandchild. At the grandchild’s death, the remainder of the CRUT would be paid to a charity. The donor and the donor’s spouse elected to split gifts in the year the CRUT was created and hired an accounting firm to prepare their gift tax returns for that year. The accounting firm failed to allocate GST exemption to the CRUT.

The donor died, and the executor of the donor’s estate and the donor’s spouse were made aware of the GST tax consequences of the unitrust payments from the CRUT as the donor’s estate tax return was being prepared. Upon realization of the error, the executor of the taxpayer’s estate and the donor’s spouse requested an extension of time pursuant to Sec. 2642(g) and Regs. Sec. 301.9100-3 to allocate the donor’s and his spouse’s GST exemption to the transfers to the CRUT and requested that the GST exemption allocated to the transfer would be effective on the date of the transfers.

Requests for relief under Regs. Sec. 301. 9100-3 will be granted when the taxpayer provides evidence to establish to the IRS’s satisfaction that the taxpayer acted reasonably and in good faith and that granting relief will not prejudice the interests of the government. A taxpayer is considered to have acted reasonably and in good faith if the taxpayer reasonably relied on a qualified tax professional, including a tax professional employed by the taxpayer, and the tax professional failed to make, or advise the taxpayer to make, a regulatory election.1

Based on the facts submitted and the representations made by the taxpayer, the IRS concluded that the requirements of Regs. Sec. 301.9100-3 were satisfied. As a result, the donor’s executor and spouse were granted an extension of 120 days from the date of the ruling to allocate their available GST exemption to the transfer to the CRUT.

This CRUT was created before the automatic allocation rules for GST trusts came into existence in 2001;2 otherwise, the taxpayers would not have had to make these requests, as GST exemption would have been automatically allocated to the CRUT. The transfer to the CRUT is not a direct skip because the charity is always considered a nonskip person. Had the IRS not granted the taxpayers an extension of time to allocate GST exemption to the CRUT, the unitrust payments to the grandchild would have been taxable distributions, which would have required the grandchild to pay GST tax from the distribution he or she received from the CRUT.

You also might be interested in

Income Tax Treatment of Loyalty Point Programs

Jul 26, 2024

Taxpayers administering funds for loyalty point programs on behalf of[...]

IRS Adjusts Tax Items for Inflation in 2024

Dec 21, 2023

The Internal Revenue Service provided the annual inflation adjustments for[...]

IRS rules on cancellation of debt of a disregarded entity

Apr 8, 2022

On Dec. 11, 2020, the IRS released Letter Ruling 202050014,[...]

Recent Posts

  • IRS reduces user fee for estate tax closing letters June 6, 2025
  • Deduction for Theft Loss and Legal Fees Denied June 2, 2025
  • The Home Sale Gain Exclusion in Today’s Market May 29, 2025
  • Tax planning for physicians May 23, 2025
  • Lower Auto Depreciation Limits Issued for First Time in at Least 3 Years March 13, 2025
Experience something completely different. Start Here

Contact Info

  • Victoria Bogdanovich, CPA
  • 3321 Bee Cave Rd Ste 201
  • 512-814-8311
  • info@victoria-cpa.com
  • www.victoria-cpa.com

Fresh from blog

  • IRS reduces user fee for estate tax closing letters
  • Deduction for Theft Loss and Legal Fees Denied
  • The Home Sale Gain Exclusion in Today’s Market
  • Tax planning for physicians

© 2025 victoria-cpa.com

  • Home
  • About
  • Contact
Prev Next