At last week’s Democratic National Convention, Kamala Harris delivered a stirring “New Way Forward.” Here’s what Kamala didn’t reveal: How do we pay for it? However, her campaign has quietly endorsed legislation to raise taxes, such as Senator Elizabeth Warren’s Bill to pay for the proposed housing program.
Click on this link for a recap of the key provisions of this legislation. But without diving into specifics, let’s focus on the benefits of “squeeze & freeze” planning using tools this new law would eliminate. Squeeze planning involves transferring assets to a Family Limited Partnership (“FLP”) and achieving a valuation discount. Freeze planning involves transferring your discounted FLP interests to certain trusts to remove the assets from your estate. Through proper squeeze & freeze planning, you can save estate tax and also protect assets from creditors, but retain control, access, and flexibility.
Squeeze & freeze planning can generate millions of dollars of tax savings. In one recent case, The Blum Firm actually saved a family over one billion dollars, which the IRS approved on audit of the estate tax return. If Harris gets her way, squeeze & freeze, along with other tax saving tools, will soon go away.
If you start planning soon, there’s still time to lock in the benefits. Similar legislation came within two votes of becoming law in 2021. Here’s an important takeaway from the lessons of 2021: if you completed your planning before the law change, you’d be grandfathered. In a new administration, law changes can happen fast. It takes time to do this planning, so it’s wise to get an early start.
Most of our clients are investors who are aiming to grow a portfolio. The goal is to maximize returns, but with the least possible risk (a concept known as “investment alpha”). In his July 2015 article “The Only Form of Pure Alpha,” Steven Lockshin defines pure alpha as “an increase in net results with zero increase in portfolio risk.” Per Lockshin, the only form of pure alpha is tax planning: “tax management can have a far greater effect on a wealthy family’s overall wealth” than investment returns. In particular, “‘estate tax alpha’ will almost undoubtedly dwarf long-term market gains.”
Lockshin illustrates with two hypotheticals, each investing a $10 million portfolio. Advisor A takes more risk and yields an 8% return, growing $10 million to $217 million over 40 years. Advisor A fails to do tax planning, resulting in an $82 million estate tax, netting the next-gen $135 million. Advisor B invests more conservatively, yields a lower return, but transfers assets in a discounted manner to a generation-skipping trust at inception. The outcome? Advisor B beats Advisor A by $80 million. It doesn’t have to be either/or—do both! Aim for higher returns and do tax planning.
Michael Sonnenfeldt, founder of TIGER 21, once commented at a speech I gave: “Return on investment is a rounding error compared to estate tax planning.” Similarly, my TIGER 21 chair Jack Mueller remarked: “Good estate planning trumps investment return any day.”
Per Lockshin, don’t count on your investment advisor or the media to tell you about tax alpha. It doesn’t generate commissions, and “the idea of beating the market is sexier.” Lockshin concludes that wealth “is only valuable to the extent that you can keep it in your family’s hands and out of Uncle Sam’s…. With no increase in risk, but significant increase in net results to your family, tax planning is the only form of pure alpha.”
I couldn’t have said it better myself. And given today’s political climate, I submit that the need to do tax planning is urgent. It may soon be too late.
At last week’s Democratic National Convention, Kamala Harris unveiled her “New Way Forward.” What she didn’t reveal is how to pay for it, but we know—the tax man is coming!