With the extension of very favorable estate and gift tax provisions set to expire at the end of 2012, estate planners and their clients are entering the final stretch in the race to take advantage of planning opportunities that may never return.
In December 2010, Congress passed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 that provides for greater transfer tax exclusion amounts than previously seen, as well as a low uniform tax rate. However, the act is set to expire on midnight on Dec. 31, 2012. Congress has not yet taken any action to extend the provisions of the act, so it remains to be seen whether these favorable transfer tax provisions will apply beyond 2012. In light of this uncertainty, 2012 is the year to engage in estate planning with an eye toward the impending end of the favorable treatment.
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