September 27, 2018

Policy

Policy

The RPTE Section submits comments to the government regarding policy matters that affect real property and estate planning legislation.

Income and Transfer Tax Planning Group
Comments on Proposed Regulations under Internal Revenue Code Section 2704

Charitable Planning and Organizations Group
Comments on Pending Treasury Regulations with Respect to Donor Advised Funds

Income and Transfer Tax Planning Group
Comments on Basis Consistency

American Bar Association Sections of Real Property, Trust and Estate Law ("RPTE") and Taxation
Income and Transfer Tax Planning Group

Comments on Guidance under Section 2801
Regarding the Imposition of Tax on Certain Gifts and Bequests from Covered Expatriates

Charitable Planning and Organizations Group
Comments on Proposed Section 1.170A-13(f)(18)

American Bar Association Section of Real Property, Trust and Estate Law and ABA Commission on Law and Aging
Comments to Social Security Administration regarding periodic onsite reviews of certain representative payees under Titles II, VIII, and XVI of the Social Security Act

Charitable Planning and Organizations Group
Re: Comments on Proposed Treasury Regulations with Respect to Required Distributions by Non-Functionally Integrated Type III Supporting Organizations

Legal Opinions in Real Estate Transactions
Additional Comments on HUD Opinion Form

Charitable Planning and Organizations Group
2014-2015 Priority Guidance Comments from Charitable Planning and Organizations Group

Charitable Planning and Organizations Group
Comments to IRS Relating to Conservation Easements for Inclusion in the 2014-2015 Priority Guidance Plan

Charitable Planning and Organizations Group
Comments on Proposed Treasury Regulations with Respect to Required Distributions by Non-Functionally Integrated Type III Supporting Organizations

Business Planning Group
Comments Re Material Participation of Trusts and Estates (IRS-REG-130843-13)

Business Planning Group
Comments to IRS on Proposed Regulation 1.1411-7 (Net Investment Income Tax)

Legal Opinions in Real Estate Transactions Committee
Comments on HUD Multifamily Rental Project Closing Documents Renewal of Currently Approved Collection

Income and Transfer Tax Planning Group
Portability Election Relief under Treasury Regulation Sections 301.9100-2 and -3

Employee Benefit Plans and Other Compensation Arrangements Group
Comments on Proposed Extension of Missing Participants Program to Individual Account Plans

Income and Transfer Tax Planning Group
Comments to IRS on Revenue Procedure 2001-38 in Context of Portability Planning

Charitable Planning and Organizations Group
Recommendations for 2013-2014 Guidance Priority List Pursuant to Notice 2013-22

Income and Transfer Tax Planning Group
Request for Legislation Permitting Administrative Relief for Certain Late Lifetime Qualified Terminable Interest Property (QTIP) Elections; Certain Late Qualified Revocable Trust Elections and Certain Portability Elections

Residential, Multi-Family, and Special Use Group
Comment on Proposed Rule on Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) and the Truth In Lending Act (TILA) (Regulation Z)

Estate and Gift Tax
Comments on Portability of Transfer Tax Exemptions Between Spouses

Generation Skipping Transfers Committee
Notice 2011-101, Transfers by a Trustee From an Irrevocable Trust to Another Irrevocable Trust (Sometimes called “Decanting”), Comments to Internal Revenue Service

Charitable Planning and Organizations Group
Recommendations for 2012-2013 Guidance Priority List Pursuant to Notice 2012-25

International Tax Planning Committee
Comments on Proposed Treasury Regulations Under the Foreign Account Tax Compliance Act

Income and Transfer Tax Planning Group
Options for Tax Reform and Simplification with Respect to Federal Estate, Gift and Taxes

Income and Transfer Tax Planning Group
Comments on IRS REG-128224-06 regarding IRC § 67(e), Exception to the 2-Percent Floor for Estates and Trusts, Prop. Reg. § 1.67-4

Income and Transfer Tax Planning Group and Estate and Gift Tax Committee
Formal Questions and Recommendations Pertaining to Portability of Transfer Tax Exemptions Between Spouses Embodied in Internal Revenue Code Sections 2010(c)(2) – (6)

ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation

Request for Action on Pending Estate & GST Tax Legislation

Non-Tax Estate Planning Considerations Group
Comments to SEC on Family Offices

Charitable Planning and Organizations Group
Comments to IRS Notice 2010-19; Internal Revenue Code Section 2511(c)

Charitable Planning and Organizations Group, Charitable Planning Committee
Comments to IRS on Payout Requirements for Type III Supporting Organizations

Estate and Gift Tax Committee
REG-119532-08 (Graduated Retained Interests)

Individual & Fiduciary Income Tax Committee
IRS Proposed Regulation 26 CFR 1.67-4, REG-128224-06 Regarding Fees of Trusts and Estates

Non-Tax Estate Planning Considerations Group
Revocable Trust Accounts: 12 CFR Part 330, RIN 3064-AD33

Business Planning Group
Comments on Alternate Valuation Proposed Regulations under § 20.2032-1(f)(1)

Individual and Fiduciary Income Tax Committee
RPTE Comments to IRS re REG-141901-05 (Exchanges of Property for an Annuity)

Introduced during the 2011 Midyear Meeting, the House passed Resolution 105, urging payment of military survivor benefits to disabled beneficiaries.

 

The resolution has been a major success. Congress has largely enacted the proposed resolution into law. Section 624 of the National Defense Authorization Act of 2015, Pub. L. No. 113-291, which became effective on December 19, 2014, authorizes the payment of Survivor Benefit Plan benefits to a special needs trust for the benefit of a disabled child. The main objective was to enable the creation of special needs trusts for youth beneficiaries with disabilities. This objective was 100 percent achieved.