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The government has decided that the Section 2704 estate tax rules are unworkable.

The Trump administration has decided to change course on Section 2704 rules after a close look at changes by Obama, according to Forbes in “Treasury To Withdraw Hated Estate Tax Valuation Rules.”

There was a lot of concern when the Obama administration announced changes to the valuation discounts for family businesses for estate tax purposes known as the Section 2704 rules.

Many estate and legacy plans would have to be completely reworked in order to comply with the complicated new rules. It was not absolutely clear how all of those plans could be reworked and how the rules would actually be enforced. This created headaches for many people.

The Treasury Department recently announced that it will soon publish an official withdrawal of the rules, since they have decided the rules are unworkable. That means planners can continue to rely on previous valuation methods, which brings a lot more certainty about how to make legacy plans for now.

This does not mean the estate tax itself has been repealed. President Trump has indicated he wants to do so, but, in the meantime, it should help those people who are affected by the estate tax.

This change in estate tax rules is a good opportunity to contact your estate planning attorney to consider an update to your plan.

Reference: Forbes (Oct. 4, 2017) “Treasury To Withdraw Hated Estate Tax Valuation Rules.”

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.