Generosity as climate resilience: A philanthropic disaster relief strategy

Can philanthropic generosity be a source of climate resilience?

There’s no denying the heartbreak we feel when climate disasters devastate communities around the world. Yet we also find hope in what often follows: an outpouring of giving. In the last few years, amid ongoing recovery from the pandemic and record-breaking climate events, we saw high levels of philanthropy focused on climate change mitigation in 2022.1,2 When we direct donations to the communities harmed by climate disasters, we help them recover, rebuild, and adapt for the future.

If we are thoughtful about these contributions, we can help build resilience by ensuring that affected communities have more reliable recovery funding—not only immediately after an adverse event, but in the time afterward that it can take to re-establish themselves. Let me explain how.



An estimated $7.8 billion to $12.8 billion in philanthropy

focused on climate change mitigation in 2022.2



The importance of thoughtful, intentional planning

Many donations following disasters are unplanned, emotional reactions to communities in need. There is a special joy in—and great need for—spontaneous generosity. But these donations do not have to be separate from the philanthropic strategy we have in place that services our community and the intentional impact of our grant-making. Being strategic with one’s philanthropic endeavors—as opposed to just reactionary—incorporates intentionality and impact to enable systemic change.

That long-term thinking is so important. Hurricanes, floods, and wildfires are unpredictable, but what we can expect is to see more of them. With this in mind, we should consider how thoughtful planning can help direct giving to climate-impacted areas in a more sustainable way.

To make a meaningful contribution to climate resilience, we must rethink our long-term, strategic giving to complement our more responsive philanthropic endeavors. As you review your previous gifts and begin to evaluate how to allocate your charitable resources in the future, consider funding a dedicated disaster relief fund with a portion of your philanthropy budget.

Here are six things to consider when developing a disaster relief funding plan that can help communities build climate resilience and maximize your impact:

1. Understand the scope of the need

Better understanding the scale and patterns of recent disasters across the United States can help you decide where to direct your giving, how much you’d like to give, and when. In 2023, the US experienced 28 natural disasters that led to damages of $1 billion dollars or more, as depicted below.3


U.S. 2023 Billion-Dollar Weather and Climate Disasters

This map denotes the approximate location for each of the 28 seperate billion-dollar weather and climate disasters that impact the United States in 2023
National Centers for Environmental Information U.S. Billion-Dollar Weather and Climate Disasters


Over the last 30 years, both the number of disasters and the cost of the damages on an inflation-adjusted basis have been increasing. The costs of major natural disasters can be higher during the second half of the year due to a number of factors, from Atlantic hurricane season (June 1 to November 30)4 to peak wildfire season (July and August in the Northern Hemisphere)5. As you plan to support disaster relief, you may find more resources are needed in these months.

United States Billion-Dollar Disaster Events 1980-2024 (CPI Adjusted)

Updated: May 8, 2024
Source: https://www.ncei.noaa.gov/access/billions/state-summary/US


2. Purposefully allocate disaster relief funds

When you allocate resources for the year, have a conversation with those involved in your giving around disaster relief funding. Determining in advance how much to dedicate to this purpose will ease the process of allocating those resources as incidents happen throughout the year. It will also enhance decision-makers’ confidence, knowing the funds have been set aside for this important purpose.

During these conversations, consider putting parameters around how much to give to any one disaster, so there is pre-established guidance when it’s time to make decisions.

3. Do your due diligence on nonprofits now

When there are significant funds involved, it can unfortunately attract questionably-intentioned opportunists operating under the guise of doing good. By doing due diligence in advance on organizations focused on disaster relief early, you can be more confident that your funds will be used effectively and will yield positive results.

Ask organizations to send you information on how they approach disaster relief, what makes them different, and what impact they have made in the past. Having the organization complete a formal grant application can provide decision-makers with more information and help make side-by-side comparisons, giving them more confidence in their decisions.

4. Create a short list of approved organizations

Once you have compiled the names of a few organizations that align with your funding values and do effective work in disaster relief, include them on a short list of vetted and approved organizations for immediate funding. This preparation will enable you to deploy funds in a timely manner and with the confidence that your funds will be used wisely.

5. Plan repeat gifts to climate-impacted communities

The intensity and rapid scaling of disaster-relief giving happens within days after the event occurs, because we see people on our screens that need our help and they are in desperate circumstances. This drives response-based giving in the short-term, but it lacks the vision for the community’s long-term recovery and sustainability.6

As time goes by, the local community itself will likely have the best insight into what still needs to be done to get its residents stabilized and productive. For the second round of funding, consider a local community foundation, because they will likely best understand the need going forward.

6. Consider aligning your investments with disaster relief

It’s prudent to consider how you might be inadvertently profiting from organizations contributing to climate change. If you are a shareholder of or a lender to organizations that do not have a strategic plan to be environmentally friendly or carbon-neutral, you could find yourself profiting from poor environmental policies in your investment portfolio while supporting recovery efforts from natural disasters. Aligning your investments with your philanthropy can increase your ability to make a sustainable impact on our planet and its inhabitants.



The Sustainable Investment Forum (US SIF) identified $8.4 billion in

total U.S. sustainable investment assets under management

in 2022 — 13% of total U.S. assets under management.7



By planning ahead, your disaster relief giving can help communities both recover and become more resilient. In the future, disaster relief will likely be a key component of our philanthropy, and it deserves a purposeful plan of action within your overall philanthropic endeavors.

At BMO, we work alongside individuals and families to foster thoughtful conversations and actionable outcomes, so philanthropy can have the client’s intended impact. Please reach out to your BMO wealth advisor to learn more about they can provide guidance with both your philanthropy and your investments.

_____________________________________________

1. Resilience. Center for Disaster Philanthropy.

2. Funding trends 2023: Climate change mitigation philanthropy. Climateworks Foundation.

3. U.S. struck with historic number of billion-dollar disasters in 2023. National Oceanic and Atmospheric Association.

4. Tropical cyclone climatology. National Hurricane Center and Central Pacific Hurricane Center.

5. Northern Hemisphere wildfires: A summer of extremes. Copernicus Atmospheric Monitoring Service.

6. From Relief to Recovery: A Strategic Approach to Disaster Philanthropy. Center for Disaster Philanthropy.

7. US SIF “Trends Report” Documents Sustainable Investment Assets Of $8.4 Trillion. US Sustainable Investment Forum.

How to manage your personal wealth like a business

As a business owner, you wouldn’t operate without a clear vision and strategic plan. You wouldn’t embark on a new initiative without first reviewing your cash flow and income statement to know how realistic your plans are. And certainly, you wouldn’t make long-range plans if you didn’t feel you had the best team to execute them.

Looking at family wealth through a similar lens can be instructive. Treating your wealth as a business, with the same cadence, infrastructure and strategic approach, can help you achieve your wealth goals and objectives.

First, though, you may need to overcome some mental hurdles.

Business owners are used to being in charge—but they may not feel the same level of control in managing their personal wealth as they do in running a business, which can be unsettling.

If you’re a business owner who can relate, consider framing wealth in the language of business in order to see that you’re still at the helm.

 

Quote Logo

“What do we want our wealth to do? We make a living by

what we get, we make a life by what we give.”

Winston Churchill

 

Business Principle #1: Start with values, vision and mission

Before you get down to brass tacks, you need to tease out what matters most to you and your family: your values, vision and mission. In other words, what are your family’s goals and objectives? What does success, happiness and legacy mean to you and your family? Your answers to these questions should serve as your guiding principles behind decisions related to investing, philanthropy and wealth transfer.

This goal-oriented approach is likely similar to the process you underwent when you first launched your business. The more concrete and measurable you can make your vision and mission, the easier it will be to judge your progress. Everything else flows from this foundation.

Once you’ve agreed upon and articulated what you’d like to achieve as a family, it’s time to develop a family blueprint. A family blueprint begins by describing the goals and objectives, values, vision and mission of your family. It also incorporates the family tree, family entities, as well as family members’ roles and responsibilities.

Next, delve deeper by spelling out an inventory of family assets and their corresponding owners. A family blueprint should present the family balance sheet by outlining assets includible and non-includible in the estate, cash flow, tax projections and a plan for estate disposition. Your blueprint can be an evolving vehicle to measure strategic success.

Business Principle #2: Assemble the right team

Talent is the backbone of success: Businesses are only as good as the talent they attract and retain. You can think of managing your personal wealth in similar terms.

If you consider yourself the head of the family, you might cast yourself in the role of president and chief executive officer: You are the person who takes a big-picture view of your family’s overall wealth.

Next, seek out a “chief investment officer” to oversee investments and conduct due diligence and research on them. A “chief financial officer” and “chief operations officer” for the family’s assets can take responsibility for putting together a reporting platform and providing regular status reports. These people make sure that the operations of the family wealth run smoothly.

You might need to add additional roles depending on your family’s needs. For example, some families may need a “communications officer” or a “chief learning officer” for coordinating family meetings or financial training, respectively.

Naturally, not every family has all the skillsets among its own members to manage their wealth most effectively. If this is the case, do what any savvy business owner would do in that situation: hire non-family members or outsource. Seek out professionals who have the expertise to allow you to build the best team.

Business Principle #3: Discover and cultivate your family’s philanthropic identity

More businesses today are tying their philanthropic and impact investment activities to their corporate mission. You might feel similarly about aligning your personal philanthropic endeavors with your own mission and vision. To do that, consider developing a strategic overview document covering your future philanthropic and impact investment intent, in order to guide others in carrying out your wishes now and beyond your lifetime.

When done correctly, philanthropic planning can help your family answer the question: “What outcomes we want our wealth to change in our community/world?” For many families, philanthropy and impact investment becomes such a big part of their identity that it takes on a life of its own, with some families even choosing to form a philanthropic entity to meet these objectives.

A philanthropic entity can have businesslike qualities and can offer a powerful way for a family to express their values across future generations.

The philanthropic vehicle or vehicles that best suit you will depend on the mission, goals and values that you set earlier—in addition to your other financial, tax and estate planning needs. Input from your advisory team can help make sure your philanthropic endeavors align with all these considerations.

Do you have a risk mitigation plan?

We all like to hope for the best, but planning for the worst is just common sense. That’s why businesses use commercial insurance, life insurance and hedging instruments to mitigate the risks they face.

For your personal wealth, rather than insuring equipment and inventory, consider insuring assets that are more personal in nature: Think homes instead of production plants, or cars, boats and planes instead of equipment.

You’ll also want to consider robust property and casualty, life, cybersecurity and kidnap/ransom insurance to cover the major risks that families of wealth may encounter. In addition, consider using insurance to provide for potential tax liabilities; taxes can be one of the biggest risks to asset preservation for future generations.

Make sure to have sufficient life insurance so your heirs have the necessary liquidity they’ll need to pay estate taxes. This will help them avoid having to sell illiquid assets—possibly at a discount—to cover taxes.

Lastly, think about succession risk. Just as a business needs to plan for the continuity of its leadership and operation in the event of the retirement, illness or death of its owner, a family must make a roadmap for how its wealth will be managed after the passing of the senior generation.

Final thoughts

Of course, there are some cases where the metaphor of treating your family wealth like a business won’t hold; for example, family wealth won’t center on the next big product launch. Yet overall, the approach can still be highly effective in helping you achieve your objectives and increase the chances of success for the next generation.

By couching your wealth in business terms, you can see the many similarities and how to approach your wealth in a similar way. Connect with a team that has experience in working with wealth owners, so you can put all the pieces in place.

Feel confident about your future

BMO Wealth Management—its professionals, its disciplined approach, its comprehensive and innovative advisory platform—can help financial peace of mind. For greater confidence in your future, call your BMO Wealth Management Advisor today.

Year-end planning strategies to consider before 2025

As we approach the end of 2024 and start to think back on the year’s global, national, and local events, do not forget to reflect on your personal highlights, accomplishments, and aspirations. Consider whether the planning opportunities and strategies outlined below may contribute to your financial well-being this year and help you achieve your goals in the years to come.

Time for a financial check-in

How did you feel about 2024? Were you comfortable with the fluctuations in your investments, the income received and diversity of income sources, and your overall spending? Regardless of your answer, the end of the year presents an opportune time for reflection and planning. Consider how 2024 differed for you from prior years, and whether you anticipate any significant changes in 2025. If you have upcoming big-ticket purchases, liabilities, or plans, work closely with your advisors to ensure everyone is prepared to meet your liquidity needs and understand how that may impact your financial goals for 2025 and beyond.

Tax-loss harvesting

Despite seeing new market highs in 2024, a detailed dive into your investment holdings may reveal assets with unrealized losses. Instead of focusing on the less-than-stellar performance of these assets, consider realizing the losses to offset other income and reduce your overall tax bill. Realized capital losses first offset capital gains, and up to $3,000 of excess capital losses may offset ordinary income in 2024. Any unused capital losses may be carried forward into future tax years. Be mindful of the wash sale rule, which could prevent the realization of the loss if a “substantially identical” security is purchased within 30 days before or after the sale that generated the loss. If you have more than one investment manager, ensure that the actions of one do not negate the actions of the other. Always remember to rebalance your total portfolio after tax-loss harvesting to help stay on track with your investment goals.

Retirement planning and accounts

As we near the end of 2024, consider whether you can make additional pre-tax or post-tax contributions to retirement accounts.

Maximizing contributions to tax-deferred accounts may lower your 2024 tax bill while allowing you to benefit from tax-deferred growth for years to come. For 2024, employees may contribute up to $23,000 into 401(k)s, 403(b)s, and most 457 plans, and those 50 and older may make a “catch-up” contribution of an additional $7,500. Lower contribution limits apply to traditional and Roth IRAs: $7,000 with an additional $1,000 catch-up contribution permitted for those 50 and older. Income limitations may impact the deductibility of contributions to a traditional IRA and limit your ability to contribute to a Roth IRA. If your income prevents you from contributing to a Roth IRA, talk with your tax advisor to determine if a “back-door Roth” strategy may be right for you. If you are in a lower tax bracket in 2024, consider taking the opportunity to convert part or all of your traditional IRA to a Roth IRA.

If you are subject to Required Minimum Distributions (RMDs) from any retirement account, be sure to take the required distribution by yearend to avoid excise taxes. If you gift to non-profits, consider using a Qualified Charitable Distribution (discussed in the Philanthropic Goals and Contributions section below) to help pursue your philanthropic goals while fulfilling your RMD.

Inherited IRAs

For those with inherited IRAs, be mindful of rules regarding the timing of distributions. If the IRA owner died before January 1, 2020, continue using the same distribution method previously selected. If the IRA owner died on or after January 1, 2020, the Setting Every Community Up for Retirement Enhancement (SECURE) Act impacts the distribution options. Check with your wealth advisor about the distribution options available to you.

If you inherited a traditional IRA from someone who died on or after January 1, 2020, and selected the 10-year payout option, regulations finalized in 2024 may impact how you must take distributions during that 10-year period. If the IRA owner died before the Required Beginning Date (RBD), then distributions may be taken at any time during the 10-year period, as long as you withdraw the entire IRA balance by December 31 of the tenth year after the IRA owner’s death. If the IRA owner died on or after the RBD, you must take distributions of the annual life expectancy amounts for the first nine years, with a full distribution by December 31 of the tenth year after the IRA owner’s death (note that this does not apply to inherited Roth IRAs, which simply must be withdrawn before the end of the tenth year after death).

Failure to take the annual life expectancy payments (or any RMD) may result in excise tax. In light of the lack of final regulations on the 10-year payout requirements until 2024, the IRS has provided penalty relief for certain impacted beneficiaries who failed to take required distributions in years 2020 through 2024. If you inherited an IRA in 2020 or later and selected the 10-year payout option, work with your wealth advisor to ensure that you take RMDs going forward to prevent the application of penalties starting in 2025.

 


Tax planning is an ongoing process. Speak with your wealth advisor and tax advisor about opportunities to take advantage of the current tax laws and be prepared to take advantage of future tax opportunities, whether next year or beyond.


Employee benefits

Did you take full advantage of tax-saving opportunities provided by your employer in 2024? Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs) for healthcare or dependent care provide tax-advantaged opportunities to set aside and access funds for medical and dependent care purposes. If you enrolled in an HSA or FSA for 2024, be sure that you have maximized your contributions.

If you did not enroll in an HSA or FSA for 2024, be alert for your opportunity to enroll for 2025.

HSAs offer multiple tax benefits, including tax deductible contributions (and avoiding any related FICA taxes when made via payroll deductions), tax deferred growth, and tax-free withdrawals if used for qualified medical expenses. For 2024, individuals may contribute up to $4,150 and families may contribute up to $8,300. Individuals 55 and older may contribute an additional $1,000. Amounts contributed to your HSA by your employer count toward the total contribution.

For those without access to an HSA, healthcare FSAs provide similar tax benefits. Healthcare FSA contributions are capped at $3,200 for 2024. Unlike HSAs, healthcare FSA funds must be used in the year of contribution (or in some cases within a short time into the next calendar year, as set forth in the FSA plan document), so make sure that you have utilized funds in your FSA before time runs out.

Participants in a dependent care assistance program should similarly confirm that they have maximized their contributions and used their contributions by year end. Contributions for 2024 are limited to $5,000 per household ($2,500 if married filing separately).

Family businesses and entities

Does your family have an operating business or entity? If so, you may be subject to reporting requirements under the Corporate Transparency Act (CTA), a body of federal law aimed at combating money laundering and other financial crimes. The CTA requires certain businesses and entities to report information about the beneficial owners (i.e., the individuals who own or control the business or entity) to the Financial Crimes Enforcement Network (FinCEN). While some exceptions exist, if your business or entity is an LLC, corporation, or was otherwise created in the U.S. by filing documents with a state’s Secretary of State or a similar office of the state or an Indian tribe, you may be subject to reporting requirements. Similarly, if your business or entity is a foreign company registered to do business in the U.S. or with an Indian tribe by such a filing, you may be subject to reporting requirements.

Businesses and entities subject to the reporting requirements and formed or registered before January 1, 2024, must submit their initial report to FinCEN no later than January 1, 2025. If registered on or after January 1, 2024, the initial report to FinCEN must be submitted within 90 days after formation. The CTA imposes a short 30-day window to submit any changes to the reported information to FinCEN. Several lawsuits regarding the CTA have been brought, but as of this writing, the CTA and its reporting deadlines remain intact. For more information, including tools to assist you in determining whether the CTA applies to your business or entity, see FinCEN’s dedicated reporting website (https://fincen.gov/boi) and speak with your legal advisor.

Gifting and estate planning

Annual gifting can transfer significant assets over time and remove the future growth of the transferred assets from your estate, possibly helping to reduce your future estate tax liability.

In 2024, each taxpayer may gift $18,000 to an unlimited number of recipients tax-free without having to file a gift tax return. A married couple with two children and four grandchildren, for example, could gift a total of $216,000 in 2024 to these six family members tax-free ($18,000 x 2 x 6). If the couple’s assets were to later be subject to the 40% federal estate tax at their deaths, that gift could yield $86,400 in estate tax savings, even before taking into consideration the future growth of the gifted assets.

Consider using gifts to 529 accounts to combat the increasing cost of education. Gifts to 529 accounts may be front-loaded with up to five years of $18,000 tax-free gifts; be sure to check the appropriate box on your gift tax return. In addition, if a child has earned income from a job, consider gifting to facilitate Roth IRA contributions. This will help jumpstart their retirement savings, provide them with tax-free growth over the years, and may even give you an opportunity to educate them about finances and the power of investing. Remember that all gifts from one taxpayer to an individual must be aggregated for purposes of the $18,000 annual gift tax exclusion.

Gifting cash is easier and faster than gifting securities. If you plan to gift securities, coordinate with your wealth advisor and the gift recipient well in advance of year-end. If you are approaching the December 31 deadline, consider gifting cash instead to ensure the gift is completed by year-end. If gifting by check, make sure that the recipient deposits the check into his or her account by December 31 for it to count as a 2024 gift.

For those with family or friends facing large medical bills or tuition payments, note that you may pay certain medical or educational providers directly without having those payments count as a gift to the person who incurred the bill, or against the applicable annual exclusion amount in the year of the direct payment.

With significant gift and estate tax changes on the horizon, now is the time to discuss planning opportunities. Absent Congressional action, the federal estate and gift tax exemption is scheduled to plummet from $13.61 million per person in 2024 ($27.22 million per married couple), to approximately one-half of that value (projected to be approximately $7.15 million per person, depending on inflation) as of January 1, 2026. In simplified terms, this amount represents what a person can give away during life and at death (combined) without incurring additional gift or estate tax (currently 40%).

If the pending reduction of the federal estate and gift tax exemption concerns you, consider implementing gifting strategies to take advantage of the current exemption amount. For those comfortable parting with assets, consider gifting assets to irrevocable trusts for your children or grandchildren. A married person who would like to utilize the current exemption amount but would prefer their spouse to have access to those assets could consider establishing an irrevocable trust for the spouse, commonly referred to as a Spousal Lifetime Access Trust (SLAT). Talk to your wealth advisor about your options.

Regardless of whether you want to implement strategies to take advantage of the current estate and gift tax exemption, the end of the year is a great time to review your existing estate plan, including wills, trusts, medical and financial powers of attorney, and medical directives to confirm that they still reflect your intent. Don’t forget to check your beneficiary designations on retirement accounts, life insurance policies, and annuities.

 


CONSIDERATION: Gifting likely becomes a more important strategy if the federal estate and gift tax exemption sunset occurs.

Absent Congressional action, the federal estate and gift tax exemption is scheduled to be cut in approximately half from today’s $13.61 million per taxpayer ($27.22 million per married couple), to an estimated $7.15 million per taxpayer ($14.3 million per married couple), depending on inflation calculations, as of January 1, 2026. Enacting gifting strategies before the end of 2025 may help you take advantage of the higher exemption amount while you still can.


Philanthropic goals and contributions

Non-profits always appreciate contributions. Help yourself while doing good by structuring your giving to maximize tax benefits. To take an income tax deduction in 2024 for a charitable contribution made by check, the check must be post-marked by December 31 if using the USPS. Note that if you send the check via a private delivery service, such as FedEx or UPS, you may only take an income tax deduction in 2024 if the non-profit receives the check on or before December 31 (regardless of when the check was surrendered to the private delivery service). If donating by credit card or debit card, the charge must occur no later than December 31, regardless of when you pay the credit card bill.

Consider donating appreciated assets to non-profits rather than cash. You not only avoid reporting any gain on the asset on your income tax return, but your income tax deduction may be based on the asset’s value at the time of donation, rather than the value you originally acquired the asset for. Furthermore, a non-profit’s tax-exempt status generally allows it to sell the appreciated asset without paying tax on gains.

If you are at least 70½, consider fulfilling your philanthropic goals via a Qualified Charitable Distribution (QCD) from your IRA. In 2024, you may donate up to $105,000 directly from your IRA to one or more qualified charities. Note that a QCD cannot be used to fund a Donor Advised Fund (DAF) or many private foundations. The amount gifted by QCD applies against your Required Minimum Distribution (RMD) while avoiding inclusion of the amount of the QCD on your income tax return. Since the QCD is not reported as topline taxable income, this method is more tax efficient than itemizing the same contribution amount as a charitable deduction for many taxpayers. Be sure to coordinate the QCD early to ensure the distribution can be made timely.

Donor Advised Funds (DAFs) make charitable giving simple and, once funded, allow you to avoid the stress of mailing checks to non-profits. A gift to a DAF in 2024 results in a charitable deduction for 2024, even if the funds are not distributed from the DAF to your selected charities until later years. This offers a great solution when a deduction would be valuable, but you have not completed your research on charities, formulated your overall giving plan, or simply are not yet ready for the ultimate gift to the non-profit. Giving to a DAF presents an opportunity to “bunch” several years of philanthropic giving into one year, increasing the deduction in the year of the gift to the DAF. If you do not currently have a DAF and would like to donate to one in 2024, be sure to talk to your wealth advisor far enough in advance of year end to set up and fund the account.

 


CONSIDERATION: If you think you may fall into a higher tax bracket in 2025, it might be more beneficial to defer deductions to next year because the value of your deductions will be greater under a higher tax rate.


Looking ahead

As you consider your planning opportunities, remember that in addition to the scheduled estate and gift tax exemption reduction, absent new federal legislation, several income tax changes will also occur on January 1, 2026, when income tax brackets and rates will revert to those in place before 2018. This would mean tighter tax brackets and a higher maximum income tax rate than those currently in place. Consider how that may impact your tax picture based on your anticipated income and any planned shifts, such as a retirement, attaining RMD status for your retirement accounts, or a liquidity event. While the standard advice of “defer income and accelerate deductions” may still work for you, talk to your BMO Wealth Management advisory team about these changes and whether you may be better off accelerating income into 2024 or 2025.

Year-end planning, especially when future tax legislation is unknown, can be a great time of opportunity.

BMO Wealth Management — its professionals, its disciplined approach, its comprehensive and innovative advisory platform — can help by providing strategic wealth planning specific to your unique goals and objectives. For greater confidence in navigating these complexities, call your BMO Wealth Management Advisor today.

 

Medicare Workshop

Stoker Ostler Wealth Advisors, Inc. (Stoker Ostler) and their partners care about your well-being. That includes your knowledge of and experiences with Medicare.

Decisions you make with respect to Medicare can affect you for years to come, in various ways:

  • Emotionally
  • Physically
  • Financially

Our goal is to work together to ensure your interactions with Medicare insurance are positive ones.

Creating generational wealth

There’s a change happening in the agriculture industry. In the 1980s and 1990s, farming was sometimes regarded by the younger generation as work whose rewards didn’t match the effort you put into it. However, things are different now.

Generally strong profitability over the past decade has made it feasible for young people to work in the industry. But while margins have held steady, particularly in the dairy and crops subsectors, they’re still relatively thin. That’s why for many farms, a certain level of scale is necessary to support multiple generations from agriculture activities. It’s led to a wave of consolidation, with farms getting bigger across every sector.

While this confluence of factors has created better exit opportunities for current operators, they’ve also raised important questions around succession planning and generational wealth creation, including:

  • If you do have a successor in place, is the farm viable enough to be passed down to a family member?
  • Have you considered the tax implications of leaving it to the next generation?
  • What are the implications of selling the business outright to a third party?From a day-to-day operations perspective, most farmers know their business very well. Similar to other business owners, however, they aren’t always thinking about how to prepare for life after farming, or what the transition will look like for themselves and their families. Ultimately, it comes down to considering all possible options well ahead of time, as well as understanding that your situation can change as you go through the process.

Transition considerations

Younger generations are once again choosing to stay involved in agriculture, but the industry itself has changed. Family farms still pass from one generation to the next, but they have evolved into more complex organizations. The long-term trend is toward larger operations with enough scale to access favorable contracts or input procurement strategies. Operating at scale provides family farms the option either to stay independent and continue to grow, or be acquired by a large corporation. The challenge for today’s operators is whether they can achieve enough scale to compete in the new normal. And if not, what is the exit strategy?

In some cases, farm owners know they have a successor in place within the family.Othersdonot,andtheplanistoselltheoperation. Both options require significant planning well in advance. For one, it means having multiple conversations with family members about their goals and desires. Those discussions should address what the business looks like today, and what it might look like in 5, 10, or 20 years.

For many farms, a certain level of scale is necessary to support multiple generations from agriculture activities. It’s led to a wave of consolidation, with farms getting bigger across every sector.

The 2017 Tax Cuts and Jobs Act doubled the lifetime estate and gift tax exemption.

Those provisions are set to expire on January 1, 2026, barring any changes to the tax law between now and then.

These are not always easy conversations. It involves asking your children whether they want to continue in the family business.
If there are multiple children involved and one wants to remain
but the others don’t, how do you create a plan that’s fair to all of them, all while making sure the business remains viable and you’re maintaining the lifestyle you desire?

Beyond personal concerns, there are also tax implications to consider. That’s always been the case with succession planning, but it’s even more relevant now. The 2017 Tax Cuts and Jobs Act doubled the lifetime estate and gift tax exemption. Those provisions are set to expire on Jan. 1, 2026, barring any changes to the tax law between now and then.

The nature of production agriculture makes this issue particularly relevant compared to other family businesses. With assets such
as farmland, inventory, and machinery, a farm owner can quickly reach those exemption levels. Some owners may want to consider transferring some of those assets through various mechanisms, such as an irrevocable trust, to maintain that wealth for the next generation ahead of the TCJA’s sunset.

Third-party sale: questions, questions

Unlike family succession, selling to a third party is rarely planned decades in advance. It’s an opportunistic transaction, but it’s also a major event in a family’s life. If you haven’t had the opportunity to talk about what that transition might look like several years ahead of time, the process can feel hastened.

Like family succession, there are tax and liquidity implications involved in a sale. Although you probably won’t plan a sale ahead of time,
it’s still valuable to think through possible scenarios in advance. It’s important to understand the questions you should be asking about what the outcome could look like for your family, including:

  • Is it an all-cash deal, or is there an equity component involved?
  • Doesthedealincludeanearnoutcomponent?
  • Will you stay involved in the operations, or will you truly exit the business?
  • How will the proceeds be dispersed? Will they go to a single family, or will they be dispersed among various generations or trusts?

 

Taking the long view

Being an operator today means thinking through the life cycle of your business. Making plans around commodity price hedging and inventory management is second nature to farm operators, but thinking about using an irrevocable trust as a tax-efficient means of passing the value of their land to the next generation may not be. It also involves thinking about how managing excess liquidity today can impact your future plans.

In agriculture, most of a family’s wealth is held in relatively illiquid investments such as land, inventory and equipment — holdings
that cannot be quickly converted to cash. Additional holdings have typically been held in cash or very low risk and liquid assets to allow family farms to weather storms and cycles. With interest rates at historic lows, investment alternatives with little risk were slim, and cash was the most sensible strategy. But in the current environment of rising interest rates, operators could be missing an opportunity

to realize returns with relatively low-risk investments, such as CDs, Treasurys or money market accounts.

We’ve had two years of great strength in crops and dairy, but that came after a relatively prolonged period of compressed margins. That downturn changed the way some operators viewed their liquidity and the condition of their balance sheets. It brought home the fact that liquidity is crucial to surviving a down cycle. It can

also put your operation in a better position to take advantage of opportunities that could enhance wealth generation down the road.

These types of discussions about your farm’s life cycle are valuable even if you’re in your prime and have no plans to change anything in the near term. Things have a way of changing quickly, and it’s critical to develop a plan that establishes what your family’s life will look like over the near, intermediate and long terms. These conversations can lead to strategies that may help you plan for the next year, the next 5 years if you plan to sell or transfer the business to the next generation, or the next 20 years to help structure the business for the long term.

These aren’t one-and-done conversations. Just as planning your operation evolves with each season, the conversations you have around the long-term viability of your business also evolve over time. Your goals may change as family members get married and have children of their own, for example.

In the end, it’s essential to plan for events that may be expected, such as a generational transfer, or unexpected, such as a letter of intent for an acquisition from a large competitor. That’s why being prepared for multiple outcomes — even if the outcome you think is most likely can change over the years — is what will put you in the best position to create generational wealth in a way that’s beneficial for you and your heirs.

Stoker Ostler—its professionals, its disciplined approach, and comprehensive advisory platform — can provide financial peace of mind. Call your Stoker Ostler Portfolio Manager today.

www.stokerostler.com

Wealth Planning Update

Why now may be the right time to sell your business

Selling a business is a calculated, and often very personal, decision many owners make. Some consider selling due to the lack of a solid succession plan, an unclear path to continued success, or a desire to spend time elsewhere. Regardless of why, the ultimate consideration is often around timing and potential valuation.

 

You could be asking yourself, “Is now the right time?” The pandemic and resulting economic turbulence of the past few years may make you hesitant to sell, but there are viable reasons to consider it at the present time. While it is true that rising interest rates and uncertainty have slowed middle market deal activity, it has not halted it completely. And although these factors may mean buyers are being more selective, a professionally run, competitive, sale process can result in a compelling valuation, especially for the strongest of businesses.

When is the best time to sell?

Many owners who considered selling prior to the pandemic reprioritized and decided to maintain the business until the economy felt more stable. With stable markets and borrowing rates leveling out, those same owners are revisiting their plans. And rightly so.

Consider these four reasons for selling now:

The policy and legislative environment is favorable for selling.
While there is volatility in the market, there is still keen interest from investors in businesses that came out of the pandemic strong, especially in industries that are likely to be key beneficiaries of the Infrastructure Investment and Jobs Act, the CHIPS and Science Act and the Inflation Reduction Act, which together will provide fiscal stimulus to the tune of over $1.3 trillion toward the goal of building up key growth industries, repairing infrastructure, and encouraging expansion of U.S.” based manufacturing.

There is both appetite and scarcity value in the market.
The economy may scare some companies away from the market, which puts strong businesses with good fundamentals at an advantage. Both strategic buyers and private equity funds are still looking to deploy capital. Also, despite the trepidation many are feeling about the economy, banks and other lenders are still willing to finance attractive deals. Where there is a lending shortfall, private equity buyers may step up to finance the difference with additional equity, with plans to refinance at a later date.

Many industries are in a good position for a successful transaction.
As mentioned, businesses involved in infrastructure and targeted growth industries such as biotechnology green energy, predictive manufacturing, etc may have a market advantage due to recent legislation, but it’s worth considering the broader range of industries that the industrial renaissance covers, as well as other enticing industries for investors. These key industries include those involved in battery technology, electric vehicles, artificial intelligence and robotics, cybersecurity, additive manufacturing, health care, biotech, and green energy.

Certain business models will find greater success in M&A now.
While it’s important for your business to have strong fundamentals before you consider selling, there are also specific business models appealing to investors in these times. These include companies with recurring revenue or asset-light business models, as they are not as affected by supply chain issues and inflation, as well as companies that can identify and articulate sources of earnings before interest, taxes, depreciation, and amortization (EBITDA) growth.

What to know if you’re selling now? If you’re ready to sell, consider the following:

 

Transfer and estate tax strategies. Don’t overlook the technical aspects of the transition, such as taxes. Consider the best strategy for
preserving your generational wealth through estate planning, especially as some estate tax exclusions are set to expire in 2025.2

Due diligence process. M&A deals are challenging, and the process of due diligence within a merger or acquisition is especially long and
complex. Owners are wary of the economic environment, but so are potential investors and banks, so the process may take longer and be
more involved than usual.

Professional advice. In the current environment, it’s more important than ever to seek professional advice to ensure you receive a fair
valuation. A reputable investment banking firm with a track record in your industry can aid you through this delicate process.

Proper preparation. Selling your business is one of the biggest processes you’ll likely ever undertake. The key word here is process.
It’s not a one-time, simple event. Proper preparation of both your business and your personal estate planning will set you up for success.

What to do after the sale

Congratulations, you’ve sold your business! It’s worth considering the investment opportunities available to you now that one chapter of your life is complete. Your focus will now shift from creating and managing a business entity to managing the pool of capital those efforts have produced. Interviewing and assembling a team with distinct expertise around your new venture will become your next great undertaking!

The current dislocations in the global economy present opportunities to buy a variety of assets at lower valuations. Structured products, catastrophe bonds, large- mid- and small-cap U.S. stocks, and emerging market equities are all places worthy of consideration in building out a diversified portfolio. You can also pace your investments in a way that’s comfortable for you through dollar cost averaging and building bond ladders with maturities every few months.

Remember, you’re not in it alone. You can partner with a thoughtful team of financial, legal, planning, investment and wealth advisors who will help you build an overarching long-term plan and work with you to implement both relative to strategic targets and tactical market shifts at the right time for your business.

Taking the step

Contemplating selling your business can lead to a host of emotional, logistical, planning, and financial decisions in the best of economic environments and should not be undertaken without a good deal of introspection. In addition to retaining sound council on the legal, tax, financing and estate planning implications, it will be imperative to engage those closest to you who will inevitably be impacted by your choice to “go or stay.”

While the pandemic and resulting market and economic turbulence of the past years may have delayed decision-making, there are a number of viable reasons to consider the current framework as the ideal one for taking that next step into writing your own new chapter.

You can partner with a thoughtful team of financial, legal, planning, investment and wealth advisors who will help you build an overarching long-term plan and work with you to implement both relative to strategic targets and tactical market shifts at the right time for your business.

 

Feel confident about your future

Stoker Ostler—its professionals, disciplined approach, and
comprehensive advisory platform —can provide financial peace
of mind. Call your Stoker Ostler Portfolio Manager today.

www.stokerostler.com

Stoker Ostler

BMO (0 | A part of BMO Financial Group

1 Carnegie Endowment For International Peace, “After the CHIPS Act: The Limits of Reshoring and Next Steps for U.S. Semiconductor Policy,”November 22, 2022.

2 Crain’s Cleveland Business, “The time to consider wealth transfer is now,” November 5, 2022.

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The health and wealth connection

Three ways to incorporate health into your wealth plan, and prepare for the unexpected.
A strong correlation exists between your health and your financial well-being. With good health, you may work longer, travel more, and engage in activities that improve your quality of life and personal well-being. These things, in turn, affect your earnings power and savings potential.

However, even if you have a healthy lifestyle, an unexpected health event could derail your financial plans. That’s why planning ahead for a medical event is just as important as striving to remain healthy. This article highlights the effect that health decisions can have on long-term wealth and offers three strategies to help protect your wealth plan in case there is a turn in your health or the health of a loved one.

 

Start by aiming for a healthy lifestyle

Building wealth affords you the opportunity to pursue interests
you enjoy, and good health helps make that possible. For example:
• Lowering financial stress results in less risk of a heart attack,1 while reducing debt can reduce the risk of depression and anxiety disorders.2
• Getting adequate sleep can lead to stronger decision making, memory and reaction time.3
• Exercising regularly improves cognitive function and drive.4

It makes sense then that good health may help you to perform better at work, which may lead to advancement opportunities and higher lifetime earnings. One study showed that those who exercise regularly tend to earn about $25,000 more per year than those who don’t exercise regularly.5 Another concluded that a higher body mass index led to lower pay, particularly among women.6

Meanwhile, the cost of poor health can add up over a lifetime and can greatly reduce overall wealth. For instance, a study revealed that among 65-year-old males with a high school diploma, the median wealth of the healthy is almost twice that of the unhealthy.7

Also, poor health was associated with a reduction of more than $200,000 in household net worth over a 16 year period.8 One reason could be that declining health leads to more doctor visits, which can mean lower productivity and less career advancement, resulting in lower earnings and higher debt levels. This is wealth that you could have used to support your lifestyle or passed down to your family or community.

 

Be prepared by planning ahead

While good habits can help prevent negative health events, nothing is guaranteed. It’s important to have plans in place to mitigate the stress that can result from a change in your physical or mental condition. Here are steps you can take to be better prepared.

 

1. Assign Powers of Attorney.

Who do you trust to manage your finances if you become incapacitated? Have you told anyone how you would want your affairs managed? Powers of Attorney (POA) are documents that appoint someone to make decisions on your behalf if you are unable to do so. There are two types of POA that may be in place: Financial POA and Health Care POA. A Financial POA designates someone to make specific financial decisions, while a Health Care POA names an agent to make health care decisions and can provide direction around your wishes for your care.

The powers can be as broad as you decide and can cover many aspects of your personal and financial life. For example, you can name an agent to:

• Manage your investment and bank accounts
• File tax returns
• Manage your real estate
• Make gifts on your behalf to loved ones or charities you support
• Make health care decisions for you

When choosing an agent, consider the person’s physical location, particularly for health care decisions in an emergency. For financial agents, consider someone who is financially responsible and who will execute your wishes. Work with your attorney to put documents in place that conform to your needs and to your state’s statutes.

 

2. Protect your business.

If you’re a business owner, have you named someone to keep your business running if you have a serious health event? Oftentimes, life and disability insurance, when strategically designed, can be used as an effective funding vehicle for buy/sell agreements and key person coverage. They provide a smooth transition of power at agreed upon terms to ensure your business continues to operate without significant disruption if you are unable to carry out your responsibilities.

Buy-sell agreements spell out terms to transfer ownership of a business in the case of specific triggering events, such as death, disability or incapacity. For example, if you become ill and could no longer make financial decisions, the buy-sell terms could “trigger” and other owner(s), or key employees, could purchase your interest (“cross purchase”) or the company could do so (“entity purchase”), at the agreed upon price and terms in the document. This allows the company to continue to run smoothly.

Think carefully about what circumstances would cause a buy-sell agreement to trigger for your business and clearly outline them. For example, define the length of any incapacity that would place the agreement in force and whether it applies to mental health, physical health or both. Review the conditions with your attorney and business partners to ensure everyone is in agreement.

In addition to buy-sell agreements, review Operating Agreements (which govern the operations of a business and may include the terms of a buy-sell agreement), Trust Documents and POAs with your attorney to ensure they are in alignment and named Agents and Trustees are the most appropriate to take over your duties. If you have a Revocable Trust in place, discuss with your attorney if your Trust should be named as owner of your business interest, which could allow for smoother transition to your heirs through your estate plan. Additionally, if you are a sole proprietor, your Trust or POA is much more applicable, as the named agents, or successor Trustees would take over the management of your business if you could no longer do so.

 

3.Understand the impact of changes in your income.

Could you manage the loss of income and increased expenses caused by a health crisis? The steps below can help you determine if you can adequately cover additional expenses or lost income, or if you need to explore alternatives to avoid a significant disruption in your lifestyle.

 

Both your physical health and your financial well-being are connected to good habits and hard work, as well as access to information and support from professionals.

 

First, calculate how much your lifestyle costs today and then identify all sources of income to support it, including employment wages, earnings from investments, business income, etc. Work with a wealth planner to project costs and income for the long term, being sure to adjust for inflation, along with the anticipated growth of your savings and investment assets.

Next, earmark which assets would be available to support your needs and how you would spend those down. Consider these strategies to ensure you spend down assets tax efficiently:

• Tap health care policies first, then after tax accounts, and finally retirement or other tax-preferred accounts.
• Work with your wealth planner and CPA to determine the optimal time to access Health Savings Accounts. These accounts continue to grow tax deferred, but can be withdrawn tax-free when used to pay for qualified medical expenses. Depending on your tax situation, assets available and level of expenses, you may want to pay for medical costs with a balance of taxfree and taxable money, or let these accounts grow and use after tax money. This can also change year to year depending on circumstances.
• Work with your CPA to manage tax deductions and the timing of expenses. You may be able to maximize the deductibility of medical expenses by paying them in one year, when possible, instead of spreading them over multiple tax years.
• Focus on prudent savings, creating a balance between pre-tax retirement, Roth and taxable accounts, to ensure you have the means to support any other unknowns that life may present.

Finally, if you determine that your asset base is significant enough to support a loss of income, consider the impact to your heirs. Perhaps you had planned to provide education funding for your children or grandchildren. Or you may have wanted to support your community through philanthropic endeavors. Would the loss of income that is currently supporting growth of your assets, along with additional health-related costs of potentially $50,000–100,000 per year, impact your ability to help these individuals? If yes, you may want to consider other ways to bolster that part of your savings.

Both your physical health and your financial well-being are connected to good habits and hard work, as well as access to information and support from professionals. As you take steps to protect your health, it’s just as important to have a clearly defined plan that can give you peace of mind knowing that you’re prepared for any event. Ask a financial professional whether your wealth plan adequately incorporates provisions for your health.

 

Do you need long-term care insurance?

Although seniors are most often affected, the need for long-term care can come at any age due to illness or an accident. For couples, a serious health event that requires nursing home or assisted living care for one person may result in the need to budget for two households.

The average annual cost of assisted living is $54,000, while a private room in a nursing home costs $108,405 per year. These costs continue to rise by 3–4% per year and vary among states.9

Long-term care (LTC) insurance policies can help manage these costs. Policies include:
• Permanent life insurance with a LTC rider. Leave a legacy but also have a cushion of cash value to use for health care costs, if necessary.
• Hybrid LTC policies. Pay a single sum or a series of payments into a policy that provides an immediate pool of funds to cover qualified health care costs. There is also a death benefit if you don’t use the LTC coverage in your lifetime.
• Traditional LTC coverage. Pay annual premiums to a policy that will cover solely long-term care needs. There is typically no death benefit. The number of insurers providing this type of policy is decreasing.

Intergenerational planning: How to use annual exclusion gifts effectively

Waiting to transfer your assets to family members via a will or revocable trust upon death may not be the most effective strategy. Instead, it may be advantageous to transfer some assets during your lifetime.

Proactive intergenerational planning can help transfer assets from one generation to the next while aligning with your personal goals and family values by focusing on gift and estate tax efficiency, generation skipping transfer (GST) tax efficiency and income tax efficiency.
Many parents enjoy witnessing the positive effect a significant gift can have on their children’s lives. For example, asset transfer can help children buy a home, raise a family or start a business. With meaningful benefits to transferring assets during your lifetime from a gift and estate tax perspective, intergenerational planning can be a win-win for those giving and those receiving.

 

The basics of annual exclusion gifts

Individuals can give annual exclusion gifts to their descendants.

Such gifts are defined as the value transferred in a single calendar year to another person without using the estate tax exemption. In 2022, that value is $16,000. For example, a married couple can transfer $32,000 per year to each child, each child’s spouse, each grandchild, and anyone else they’d like without gift or estate tax implications.

Keep in mind, you can only transfer a limited value of assets without incurring a gift or estate tax. As a result, it’s beneficial to transfer assets sooner (while the value is lower) rather than later (when the value is higher).

Individuals concerned with giving children too much access to assets too soon can use structures to determine when and for what purposes the recipients may gain access. Take trusts, for example. When designing a trust, you decide the distribution provisions and who will serve as the trustee to enforce those provisions. This makes it possible to separate the timing of the gift from when the recipient can access the gifted assets.

Note that annual exclusion gifts are a “use it or lose it” opportunity. If you don’t make an annual exclusion gift during a calendar year, it’s a lost opportunity. Designing a strategy to consistently use your annual exclusion gifts can make a meaningful impact on reducing a taxable estate.

 

Individuals concerned with giving children too much access to assets too soon can use structures to determine when and for what purposes the recipients may gain access.

 

Seven annual exclusion gift strategies

The following strategies are often used for annual exclusion gifts. Each has benefits and drawbacks. Your family’s unique goals will determine which is best for you.

 

1. Uniform Transfers to Minors Act (UTMA) and Uniform Gift to Minors Act (UGMA).

UTMAs/UGMAs provide the simplest way to make annual exclusion gifts to children: You open an account for the benefit of the child and deposit a check into the account each year. The accumulated funds can be invested to maximize growth over time. Once the child turns 18 or 21 years old — depending on your state’s law — the funds legally belong to the child, who can use them for any purpose. Many parents explore other options because of this provision. Note: some states allow you to convert the account to a trust. One cautionary factor to consider: A person must be at least 18 years old in order to create a valid will. Therefore, in the event a child were to pass away, the UTMA/UGMA funds would pass according to the intestacy laws of the state in which the child resides. As a general rule, this means one half of the assets will pass to the child’s father and the other half of the assets to the child’s mother. This would be an undesirable outcome such as divorce or separation of the mother or father from his or her family including the child.

2. 529 Plans.

A 529 Plan is a tax-advantaged savings plan designed to pay for education. The account owner contributes after-tax dollars to the account, makes investment decisions and names a beneficiary. Income tax on all account earnings is deferred and withdrawals are income tax free if they are used for qualified education expenses, including college tuition, room and board, books and supplies, and elementary and secondary education expenses.

Many states allow an income tax deduction or credit for contributions to their state’s 529 Plan. If the beneficiary does not use the funds for qualified education expenses, then the account owner can name a different beneficiary or withdraw the funds, but the earnings will be subject to income tax and a 10% tax penalty will apply.

3. Crummey Trusts.

A Crummey Trust is a trust created by a “grantor” for the benefit of one or more beneficiaries. The grantor decides what the distribution provisions will be and who will serve as the trustee to enforce them. Each year, the grantor makes annual exclusion gifts to the trust, which can be cash, stock or even closely held business interests. Each time you make a gift to the trust, you must notify the beneficiary, who then has a right to withdraw that gift for a period of time (usually about 30 days). However, if the beneficiary does not exercise that right within the window of time, the assets remain in the trust. Thereafter, the trustee can distribute them according to
the provisions outlined in the trust.

The benefit: the entire trust balance never becomes available to a beneficiary at any point in time, provided you don’t choose to create the distribution provisions to do so.

4. ILITs (Irrevocable Life Insurance Trusts).

An ILIT is effectively a Crummey Trust, but the assets are used to purchase a life insurance policy, usually on the life of the surviving parent to help leverage larger wealth transfer via insurance upon the death of the surviving parent.

5. 2503(c) Trusts.

A 2503(c) Trust works much like a Crummey trust, with a couple of important distinctions.

First, the 2503(c) Trust may only have a single beneficiary, but separate trusts can be created for each child. Second, the child need not have the right to withdraw the annual gifts to the trust, rather, upon reaching age 21, the child has only one window of time (usually 30 days) to withdraw all trust assets. If the child fails to do so within that time frame, the assets are distributed by the trustee according to the trust’s provisions.

6. 2642(c) Trusts.

A 2642(c) Trust is used when grandparents (vs parents) would like to create would like to create a trust for the benefit of a grandchild. This type of trust operates much like a 2503(c) Trust (described above). The difference is that it is designed to allow grandparents to make annual exclusion gifts to the trust for the grandchild without having to use any of the grandparent’s generation skipping transfer (“GST”) tax exemption. (In other words, as a general rule, gifts from grandparents to grandchildren require the use of the grandparents GST tax exemption. But gifts to a 2642(c) Trust do not require that).

7.  Intrafamily Loans.

Families who want to give more than the annual exclusion amount to a child in a given year can establish an intrafamily loan. Each year, a portion of the loan (equal to that year’s annual exclusion amount) may be forgiven.

 

Those who have set up trusts to use part of their annual exclusion gift each year will want to consider how much is left for other types of gifts when doing so.

If your gifts to a beneficiary exceed the annual exclusion amount in a given year, you may need to file a gift tax return for annual exclusion gifting as well and use a portion of your gift tax exemption. If no gift tax exemption remains, a gift tax will apply.

In addition to annual exclusion gift strategies, there are several others that use little or none of your estate tax exemption that may also be beneficial for your family. Consult with your BMO Wealth Management expert when considering the best strategy for your family’s annual exclusion gifts.

Digital assets An essential component of your estate plan

No one enjoys end-of-life planning. But properly designed, completed and executed estate plans that include wills, powers of attorney and trusts are crucial to protecting your legacy and ensuring the seamless transfer of assets to your heirs.

Today, that includes providing family members with access to or control of your information, including your digital and online property. These assets range from your social media accounts and electronically stored photos and videos, to domain names and blogs, to blockchain assets such as cryptocurrency, non-fungible tokens (NFTs) and central bank digital currencies (CBDCs). Just like you would for your house, your retirement savings and that special family heirloom, you can arrange to have your digital property managed, safely administered and smoothly passed to your beneficiaries. Estate plans can also designate a digital trustee to oversee your online accounts and direct executors on locating and securing your online account information and access credentials.

 

What do I need to know about protecting my digital property?

At the time of this writing, digital assets have surpassed a $2 trillion market cap with a staggering number of Americans investing in, trading or holding cryptocurrencies, which has inspired President Biden to sign an Executive Order1 identifying priorities for the regulation of this innovative space.

Most states have enacted laws to address access to someone’s digital assets after death or incapacitation and have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). The 2015 RUFADAA gives executors and trustees access to digital assets, subject to some limitations. Still, legislation governing digital assets varies at the state level, and some crossborder differences exist. Some digital platforms (such as Apple, Google and Microsoft) now allow users to set “Legacy Contacts” and to decide who can access your account assets — photos, notes, mail and more — after you pass away. Social media platforms such as Meta (formerly Facebook), Twitter, LinkedIn and Pinterest do something similar. Upon first creating their accounts, most consumers accept a platform’s longwinded terms of service agreements and privacy policies without even glancing at them. This leaves open the possibility you’ve signed away the rights to transfer your assets or to memorialize your online presence.

 

What can I do to protect my digital assets?

For executors, a challenge is often just determining whether digital assets are in the decedent’s estate, and then determining the powers and terms for accessing and administering them on the beneficiaries’ behalf. When it comes to blockchain technology, executors need to know the whereabouts and details of the private key(s). Some good first steps in planning for these assets are to:

Take inventory

To understand your broad-based digital footprint, take inventory of your digital assets, including:

  • Personal emails and account sign-in information (e.g., iCloud and Google)
  • Social media account information, including your business accounts (e.g., LinkedIn, Facebook and Instagram)
  • Data or documents stored on your electronic devices, including phones and computers
  • Domain names
  • Blog content or podcasts
  • Bitcoin or other cryptocurrencies
  • Credit card points
  • Frequent-flyer miles and other travel points
  • Loyalty program benefits (e.g., wine clubs, Starbucks rewards)
  • Digital photos and videos
  • Your literary, musical or other works
  • Digital eBooks you’ve purchased
  • Digital music you’ve purchased through iTunes, Spotify or Pandora
  • Digital online betting accounts
  • Online credits with Venmo, Amazon, eBay or other online purchasing entities
  • Virtual and smart property, such as online gaming avatars, that exists in the metaverse, where unique digital assets are bought and sold for cash or NFTs

Get help from planning experts

Once you’ve inventoried your digital assets, have a proactive conversation with your BMO Private Wealth Advisor, who works closely with the firm’s trust and estate planning experts, who have substantial knowledge and experience in this area. We will help you develop this comprehensive digital asset inventory and, for each asset, harness the opportunities, understand the limitations and engage the best strategies for protecting them.

Planning “actions” must be performed while you are alive, from setting up cybersecurity protocols, antivirus subscriptions and access planning guides to legal authorizations, consents for release of electronically stored information, powers of administration/disposition and other legally binding documents.

Say you’re in the process of drafting a novel, and the file is saved in the cloud. That draft not only has emotional value but also potential financial value to your family should you pass away before completing it. The same holds true for family photos, an online diary or other tokenized assets, access to which you likely would want to control. Expert digital assets estate planners have several tax-efficient solutions and tools they can stress test, custom design and implement, where appropriate, to meet your intention and goals.

 

Conclusion

Without proper planning, digital assets could be lost. The more prepared you are, the stronger your estate plan will be, enabling you to avoid the pitfalls we see time and again. The key to success is early discussions with your BMO Private Wealth Advisor. Together, with your independent tax and legal advisors, our wealth planning team can help determine the appropriate estate planning strategies for you.

Six best practices for selling or transferring your business

Contemplating the sale or transfer of a business can be very exciting. It’s the culmination of many years of hard work and an opportunity to monetize what is most likely your largest, albeit most illiquid, asset. A sale or transfer can also free up your time to pursue other interests, as you embark on the next chapter of your life. Further, it helps lay the groundwork for estate planning.

That said, transitioning from being a business owner to your next stage in life requires forethought and planning to achieve your goals.

Preparation is the most important factor in a successful transition. The best outcomes are realized through years of advanced planning. This important preparation assures you have plenty of time to assemble a team of advisors, who will lead you through each step along this journey, and provide you with time in the case of any necessary restructuring that ensures the most favorable outcome, at the optimal price and with the best terms.

With years of experience in this arena, BMO Wealth Management shares these six best practices to guide you in the pursuit of a sale or transfer of a business.

1. Leave ample time to structure the kind of transition you want.

Start by thinking about your long-term goals. Do you wish to monetize your company’s value, continue to grow the business, or pass the family enterprise to the next generation?

Next, think about who you would like to see as a buyer. Some owners want to keep the business in the family for children or grandchildren. Others want the business to go to trusted employees, who will continue to make an impact in the community. Still others may want to sell to a strategic buyer with whom they can achieve the highest value possible.

All these considerations take time to execute, so it’s prudent to start years before any planned transfer. Use this time to assemble a team of trusted advisors, including corporate and estate lawyers, accountants, exit planning advisors, and bankers. This also leaves you time to train and mentor your successors and gain a realistic valuation of your business. And by starting early, you will have enough time to make tax-efficient gifts or sales to your family or community.

2. Understand the true value of your company.

To establish a starting point for negotiations with a potential buyer, you must have a fair market valuation for your company. This work is typically conducted by a mergers and acquisitions firm or an investment bank. Knowing the realistic value of your business helps ensure you avoid surprises when considering offers.

A valuation conducted by a qualified appraiser with knowledge of your industry will not only establish a fair price for the business at present time, but also it will identify areas for improvement, which if completed may increase your firm’s value.

You will also need a fair market value if your transition plans involve making gifts to family in order to have a valuation of shares or interests transferred for estate planning purposes.

3. Consider the emotional aspects of a sale or transfer.

While the sale or transfer of your business is primarily a financial transaction, there are also many emotional aspects. To set yourself up for the best chance of success, make sure you are emotionally prepared to accept the change before you begin your negotiations. Your business has likely been one of your highest priorities for many years. Consider what it will feel like for you on the other side. Taking the time to process this, to envision how this will look for you, will not only help you make appropriate decisions throughout the negotiation process, but also help you realize you have things to look forward to when the sale is complete.

We recommend you set aside some time to develop a well-crafted plan for your next chapter. Are there charitable organizations you wish to join? Is your hope to travel? Or maybe you want to spend time with family. A transition will go more smoothly when you have a plan for how you’ll spend your time when the sale is complete.

4. Create a solid plan for the outcome you desire.

The structure of a transfer depends on your goals, which will direct you to the right type of buyer, whether it’s an outside buyer, management, strategic partner or family member. In addition, sellers will have a big say in the terms of the sale and will also want to structure it in a way that fits their goals.

For example, you may want to stay involved in the business during a longer transition period after a sale. In that case, you will want to find a buyer who welcomes your involvement. Or you might feel strongly that the future owners should stay in the community that you cherish. These negotiations are your opportunity to structure the deal with the most favorable terms for you.

However, you should know that insisting on specific conditions may mean agreeing to a lower sale price. Some owners are willing to give up some value if it means executing a sale on their own terms.

5. Plan for unforeseen circumstances.

A business is an illiquid asset, and a sale is often necessary to monetize the value. However, emergencies may arise that can preempt even the best-laid plans, such as the death of an owner.

If a business needs to sell fast, perhaps to settle an estate, that’s a less than optimal situation to obtain the best price. For starters, the right people may not be in place to take over, and the market cycle may not be as receptive as other times.

Again, advanced planning is vital, so you can sell on your terms and realize the valuation you seek.

6. Understand the tax implications.

A sale of a business will most likely require capital gains on the appreciation of the sale or stock or interest units (if you are selling securities). In addition, there may be ordinary income and income recapture if the buyer only purchases the business’s assets. However, with early planning you can minimize some of the tax consequences of the transfer.

For starters, you can structure the sale so you receive income payments over time, rather than in one lump sum, which requires you to accept all payment in a single year. Installment payments may lower your overall tax obligation by keeping you in a lower tax bracket.

Keep in mind that utilizing an installment sale involves some risk. In theory, by doing this, you will be financing the buyer’s purchase. So, if the buyer is unable to pay or the business fails you may not realize all your payments. Or you may need to step back in and run the business for a time, and then begin the transition all over again.

Consult with your tax and estate planning professionals for the most tax-efficient strategies for your particular situation.

As you begin the next chapter of your business and look toward the future, work with your team of advisors to help you optimize value, find new owners, and protect your heirs with the necessary estate planning – all on your own terms.

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Stoker Ostler – its professionals, its disciplined approach, and comprehensive advisory platform – can provide financial peace of mind.

Call your Stoker Ostler Portfolio Manager today.