Law Offices of Steven M. Adler, PLLC |
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Adler Law E-Letter
December 2010 |
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Law Offices of Steven M. Adler, PLLC
666 Old Country Road, Suite 605
Garden City, New York 11530
Phone: (516) 876-1105
Fax: (516) 794-0463
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Dear (Contact First Name),
Welcome to December's edition of the Adler Law E-Letter. Before we continue, Dolores and I would like to wish everyone a very wonderful Holiday Season and a very Happy New Year!
This month, we are addressing the concept of gifting. We have also briefly discussed the state of the Estate Tax and the Nursing Home Bill of Rights.
 If you have a question or concern with respect to any particular legal subject, please contact me or Dolores Jannuzzi, Esq. and we would be happy to discuss your topic in a future issue of Adler Law. In addition, if you know of someone who may be interested to read this newsletter, please forward it to them by clicking the "Forward Email" link at the bottom of this page. Thanks and have a great holiday. Sincerely, Steven M. Adler |
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TIS THE SEASON FOR GIVING, and not just Christmas and Chanukah gifts. In these hard economic times it is becoming increasingly more common for Americans to give money to help family members pay bills or even for parents to provide financial support to their adult children. However, simply doling out money is hardly the best approach and if you are not aware of the IRS gifting rules there could be unintended gift tax consequences. The following are some ways an individual can make nontaxable gifts:
1. Fund education accounts: Contributing to a grandchild or niece's college fund as a holiday gift or on a regular basis is a great way to remove a financial burden from a family member. A 529 plan is a good way to save for college and money contributed to a 529 account grows on a tax deferred basis. And if that money is actually used for college expenses the earnings are tax free. You can make an annual gift of up to $13,000 directly to a 529 plan. This is a non taxable gift and in addition, the IRS now offers a special 5 year deal: You can contribute five years of gifts ($65,000) to a 529 plan all in one year and the whole amount is considered a non taxable gift. Married couples can contribute $130,000 in one shot.
2. Pay directly for college: If the student you wish to help is already in college, you can pay their tuition expenses to the university or college. The IRS allows an unlimited exclusion from the gift tax rules for the direct payment of tuition. However, this exclusion only applies to tuition only and not to amounts paid for room and board, books and supplies.
3. Pay medical bills: If an adult child, sibling or other relative has incurred significant medical bills you can pay an unlimited amount towards those bills and as long as you make the payment directly to the medical provider and it is not for medical care that is otherwise reimbursed by the patient's insurance then such payments are considered non taxable gifts. The exclusion even applies for amounts you pay for someone's medical insurance premiums.
4. Take a family vacation: Paying all the expenses for a family vacation for your adult children and even other family members can go a long way to temporarily relieving some of the stress of their financial problems. The payment of vacation expenses is technically considered a taxable for which the annual exclusion of $13,000 per individual would otherwise apply However, the gift of memories is not something the IRS is likely to tax.
5. Gift property: If you are ready to downsize, you might consider giving your home to financially burdened family members. While an outright gift is not a good idea an intra family loan may be more suitable. In this scenario, parent would "sell" the home to child in return for a promissory note which includes an IRS approved interest rate. The parent would then forgive all or part of the note payments as they become due. While the forgiveness of the notes would be considered a taxable gift the gift could qualify for the annual gift tax exclusion ($13,000 or $26,000 if two parents are involved in the transfer).
While the above are illustrations of ways to give gifts in a non taxable way, if it is necessary to make taxable gifts it is important to remember that each individual has a one million dollar gift tax lifetime exemption. This means that you can make taxable gifts of up to one million dollars in your lifetime before actually paying any gift taxes.
If you need legal assistance or would like to discuss your personal situation, please feel free to call our offices at (516) 876-1105. |
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Legal Services
We Provide:
Estate Planning
Asset Protection
Elder Law Estate Administration
Real Estate Law
Corporate Law
Guardianship Litigation Moving Violations Personal Injury Family Law
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The State of the
ESTATE TAX
This just in... Late last night, the House of Representatives by a vote of 277-148 approved the Senate-passed Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Thus, the 2010 Tax Relief Act is cleared for the President's signature.
The 2010 Tax Relief Act includes an extension of the Bush-era tax cuts for two years, estate tax relief, a two-year "patch" of the alternative minimum tax (AMT), a 2 percentage point cut in employee-paid payroll taxes and self-employment tax for 2011, new incentives to invest in machinery and equipment, and a host of retroactively resuscitated and extended tax breaks for individuals and businesses. Accordingly, there will be a 35% maximum estate tax rate and a five million dollar per person exclusion for the next two years.
For more information, please contact Steven or Dolores. |
Nursing Home Bill of Rights
Many of us trust nursing homes and hospitals to care for the people we love. Many times that trust is well placed, other times it is not. Abuse and neglect in nursing homes and even hospitals has become a serious problem. Nursing home abuse and/or neglect can involve not only the physical well-being of the resident, but also the mental, and/or psychological well-being of the resident. However, there is hope. The Nursing Home Bill of Rights was created to help protect families just like yours. - Dignity, respect and a comfortable living environment.
- Quality of care and treatment without discrimination.
- Freedom of choice to make your own, independent decisions.
- The safeguard of your property and money.
- Safeguards in admission transfer and discharge.
- Privacy in communications.
- Participate in organizations and activities of your choice.
- An easy to use and responsive complaint procedure.
- Exercise all of your rights without fear of reprisals.
Today, nursing homes and hospitals can be held liable for their neglect and/or abuse of those individuals under their care and supervision. If you know of someone who may have been mistreated in a nursing home or in a hospital, give us a call to discuss the matter in greater detail. |
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The Law Offices of Steven M. Adler, PLLC are committed to providing their clients with the highest level of professional legal services at reasonable prices. Steven M. Adler, Esq., along with the rest of his law firm's highly competent support staff, gives all of his clients the personal attention and the legal expertise which they are entitled to receive. The Law Offices of Steven M. Adler, PLLC takes pride in the quality, effectiveness and efficiency of their legal services.
Law Offices of Steven M. Adler, PLLC 666 Old Country Road, Suite 605 Garden City, New York 11530 Phone: (516) 876-1105
Fax: (516) 794-0463
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