New Record Low Federal Rates for September

The Internal Revenue Service has announced federal rates for the month of September under §§ 1274 and 7520 of the Internal Revenue Code (“IRC”) that will be the lowest rates since the IRS began publishing those rates in 1984.

  • The §7520 rate, which is used to value life estate, annuities, and remainders, will remain at 0.4%, which is the record low first set in August.
  • The federal rates under §1274, which defines the market rates of interest for purposes of intra-family loans under §7872 (among other things), will be the lowest in history. The September short-term rate of 0.14% will be lower that the 0.16% that applied in October of 2011. The mid-term rate of 0.35% will be lower than the 0.41% that applied in August. And the long-term rate of 1.00% will be lower than the 1.01% that applied in June.

For information on estate planning techniques to take advantage of these low rates, see “Low-Interest Estate Planning Strategies” (subscription required), which contains links to the Webcalculators overviews of long-term GRATs and interest-only term notes (no subscription required for those overviews) and sample calculations from Webcalculators.

New Actuarial Tables Coming

On August 7, the Centers for Decease Control and Prevention published mortality tables based on the 2010 census. “U.S. Decennial Life Tables for 2009-2011, United States Life Tables,” National Vital Statistics Reports, Vol. 69, No. 8 (8/7/2020). Table 1 of those life tables is the mortality table that the Internal Revenue Service will now be using to develop new actuarial tables under I.R.C. § 7520.

I.R.C. § 7520 specifies how to value life estates, annuities, and remainders, and it requires the Secretary of the Treasury to publish new actuarial tables every 10 years, based on the most recent mortality information then available. The first actuarial tables under § 7520 were published effective as of May 1, 1989, and were based on the 1980 census. The IRS has published new tables every ten years since then, but was unable to publish new tables in 2019 because the Centers for Disease Control (CDC) had been unable to finish compiling the mortality data from the 2010 census.

Now that the necessary mortality table has been completed, the IRS will begin preparing new actuarial tables, a process that could take six to eight weeks. It is therefore possible that new tables will be published (and effective) by October 1, although the IRS has in the past allowed a two month transition period during which taxpayers could elect to use the previous tables.

The new mortality table shows a significant increase in life expectancy, as much as 1.8 years for the very young, although there appears to be no increase in life expectancy for those 89 or older. For those younger than 89, the new tables will therefore result in smaller charitable remainders for charitable remainder unitrusts, charitable remainder annuity trusts, and charitable gifts of remainder interests in farms. There will be larger values for life estates, and for charitable lead trusts that are measured by lives and not terms of years. Longer life expectancies will also allow smaller payments for both private annuities and self-cancelling installment notes.

Overview: Interest-Only Term Note

The article “Low-Interest Estate Planning Strategies” described several estate planning strategies that should be considered now that interest rates have reached record lows. One of the strategies that is described in the article is an interest-only term note.

A new calculator has been added to Webcalculators to illustrate the benefits of that kind of loan, which can be used to a exclude significant portion of the value of the note from the lender’s gross estate. Here is a sample of the output from the calculator, and the overview of the calculator is below:

Reporting Excess Deductions on Termination of an Estate or Trust

The Internal Revenue Service has published a new webpage “Reporting Excess Deductions on Termination of an Estate or Trust on Forms 1040, 1040-SR, and 1040-NR for Tax Year 2018 and Tax Year 2019.”

These are instructions telling beneficiaries of estates and trusts how to report excess deductions on their personal income tax returns. As of 7/30/2020, it read as follows:

“Under Proposed Regulations 113295-18 (PDF), an excess deduction on termination of an estate or trust allowed in arriving at adjusted gross income (Internal Revenue Code (IRC) section 67(e) expenses) is reported as an adjustment to income on Forms 1040, 1040-SR, and 1040-NR; non-miscellaneous itemized deductions are reported, as applicable, on Schedule A (Form 1040 or 1040-SR) or Schedule A (Form 1040-NR); and miscellaneous itemized deductions are not deductible. Taxpayers may rely on the proposed regulations for tax years of beneficiaries beginning after 2017 and before the final regulations are published.

“For tax year 2019, an excess deduction for IRC section 67(e) expenses is reported as a write-in on Schedule 1 (Form 1040 or 1040-SR), Part II, line 22, or Form 1040-NR, line 34. On the dotted line next to line 22 or line 34 (depending on which form is filed), enter the amount of the adjustment and identify it using the code “ED67(e)”. Include the amount of the adjustment in the total amount reported on line 22 or line 34.

“For tax year 2018, an excess deduction for IRC section 67(e) expenses is reported as a write-in on Schedule 1 (Form 1040), line 36, or Form 1040-NR, line 34. On the dotted line next to line 36 or line 34, (depending on which form is filed), enter the amount of the adjustment and identify it using the code “ED67(e)”. Include the amount of the adjustment in the total amount reported on line 36 or line 34.”

New Act on Digital Assets

S.B. 320 was signed into law by Governor Wolf on July 23, 2020, becoming Act 72 of 2020.

S.B. 320 enacts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 39 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. Ch. 39, generally effective in 180 days.

The enactment of Chapter 39 will affect the preparation of wills, powers of attorney, and perhaps even trust documents, as explained in the article “Fiduciary Access to Digital Assets.”

Assignment of Municipal Pension in Divorce

The anti-alienation provisions that protect municipal pensions from attachment only apply while those funds are in the possession of the pension fund administrator, and so a post-nuptial agreement in which a spouse agreed to waive her rights to her husband’s pension, and to transfer those benefits after receiving them from the administrator, was legally enforceable. Estate of Michael A. Benyo v. Breidenbach, ___ Pa. ___, ___ A.3d ___, No. 90 MAP 2019 (Pa. 7/21/2020).

New Act on Charitable Endowments

H.R. 2484 was signed into law by Governor Wolf on July 23, 2020, becoming Act 71 of 2020.

The act amends Titles 15 and 20 to allow nonprofit corporations and charities to pay out more than 10% of their charitable funds as “income” in the years 2020, 2021, and 2022.  The usual limit is 7%, and this change was thought to be needed to address the financial effects of the COVID-19 pandemic.

The act also amends Title 15 to allow nonprofit corporations to enter into nonjudicial settlement agreements with donors in order to modify restrictions on charitable gifts.