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NRS 164.021 Notice by trustee to beneficiary concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust.NRS 164.025 Notice of death of settlor; filing of claim against trust estate; effect of failure to file claim; notice to Department of Health and Human Services; notice of rejected claim; effect of failure to bring suit after notice of rejected claim.The increase from 15% to 23.8% is almost a 60% hike in the tax.On the other hand, the election is not desirable if the beneficiary expects to hold the asset until he or she dies, because, upon death, the basis will be stepped-up to its fair market value.The election also is not desirable if the beneficiary plans to hold the asset for a long time before selling it, because the recognition of gain may be deferred until the sale.As you can see, there are a number of techniques that can be used to minimize income taxes under the new tax laws.Minimize the Medicare surtax Distribute to beneficiaries who are in low income tax brackets.
However, the estate or trust may elect to recognize the gain, in which case the beneficiary takes a basis in the asset equal to its fair market value on the date of distribution.NRS 164.030 Petition for instructions: Notice; hearing; final order; appeal. NRS 164.665 Standard of conduct in managing and investing institutional fund.NRS 164.033 Petition concerning conveyance, transfer or delivery of property of trust; notice of hearing; order; appeal. NRS 164.038 Circumstances under which certain persons are authorized to be represented by persons with similar interests in proceedings concerning administration of trust; binding results; representation by parent or guardian of beneficiary. NRS 164.667 Appropriation for expenditure or accumulation of endowment fund; rules of construction.For estates and trusts, the surtax applies to the lesser of undistributed net investment income and the excess of AGI over the threshold for the highest income tax bracket (,950 in 2013).With these new rules in place, the following are some of the strategies that may be used to minimize income taxes.
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There is also a new tax that applies beginning in 2013, the so-called Medicare surtax, which is a 3.8% tax on “net investment income.” Net investment income generally includes (a) interest, dividends, annuities, royalties and rents, (b) gains attributable to the disposition of property and (c) income and gains from a trade or business, but only if such trade or business is a passive activity with respect to the taxpayer or involves trading in financial instruments or commodities.