Colony Market Brief

Fears surrounding the coronavirus have rattled financial markets after a surge of cases outside of China were reported over the weekend, prompting concerns about new pockets of infection in Italy, Iran, and South Korea.  Volatility spiked while stocks and other risk asset categories declined.  The broad global equity market (MSCI All Country World Index) fell almost -3.5% on Monday and is down about -2.0% today (as of this writing).  “Safe haven” assets, such as investment grade bonds and gold, moved higher.  The yield on the 10-year Treasury hit an all-time low of 1.31%.

  • First, we must acknowledge that no one knows with certainty how the coronavirus outbreak will play out or how bad it will eventually get.  But it’s clear that there will at least be a large negative short-term impact on China’s economy and spillover effects on other countries with closer economic and trade ties to China.
  • We assume that there will be a material negative impact on corporate profits in the near-term as businesses deal with supply and demand disruptions resulting from this health scare. Yet, this is likely a one-time impact over the next couple of quarters and should not have a permanent effect on future earnings potential.
  • Over the intermediate term (next 3-5 years), our expectation has been for lower-than-average positive returns from most asset categories along with higher volatility.  Acknowledging that there is a great deal of uncertainty, this remains our base case view.
  • Therefore, we continue to advocate a slight defensive posture with an elevated cash/short-term fixed income position as “dry powder.”  We recommend maintaining a slight underweight to global equities overall, with a modest tilt towards more reasonably priced international and emerging markets stocks.

Click here to read our market commentary regarding the coronavirus outbreak.

Colony Family Offices Welcomes Kristin Lewis

(Charlotte, NC) Colony Family Offices® is pleased to announce Kristin Lewis as the newest member of our team.

Kristin brings valuable experience to Colony, having served affluent families across the Southeast.  Kristin brings a comprehensive understanding of the specific needs of multi-generational families.

Kristin has over 18 years of experience providing specialized counseling to affluent clients in a variety of financial planning areas, including cash flow / retirement planning, stock options and employee benefits, insurance, investments, income taxation and transfer taxation. After beginning her career as a Tax Consultant at Deloitte, she was a Vice President and Senior Financial Planner with Wachovia Wealth Management.  For over 5 years, Kristin also coordinated and taught the Estate Planning module of the CFP® Financial Planning Education Program for Queens University of Charlotte.  Prior to joining Colony, she spent 10 years as a Partner and Director of Financial Planning at Queens Oak Advisors.

Kristin’s unique skill set will enhance firm initiatives and the services we make available to our clients, including:

  • Coordinating and promoting business development efforts with outside centers of influence such as attorneys, accountants, insurance professionals and other trusted advisers,
  • Assisting families through major life transitions (i.e., the sale of a business, business succession for the family-owned enterprise, the death of matriarch/patriarch, and financial education of younger family members),
  • Design and implementation of appropriate investment allocation strategies consistent with the client’s overall tax, estate and financial planning goals and objectives, and
  • Enhanced recordkeeping that includes tax and “accountant ready” reports for families with complex family holding structures such as LLCs, corporations and trusts.

Year-End Tax Planning Summary

There were no significant tax legislative changes during 2019 except that Congress and the President approved a $426 billion bipartisan tax cuts package addressing tax extenders, retirement savings and various technical corrections to the 2017 Tax Cuts and Jobs Act the week before Christmas. The tax provisions were part of a broader year-end government spending bill to avoid another government shutdown. The two most notable tax legislative provisions are summarized below and some of the most relevant highlights are discussed in more detail throughout this memorandum:

  • The retroactive and current renewal of over two dozen temporary tax breaks known as tax extenders, which have expired or are soon-to-be expired, spanning from 2017 to 2019. Generally, the renewed tax breaks are extended through 2020 and some are extended until 2022;
  • The “Setting Every Community Up for Retirement Enhancement” bill (HR 1994) (“Secure Act”), which makes sweeping changes to retirement savings and employer retirement contribution provisions.

Please click here to read our 2019 Year-End Tax Planning Summary.

A Review of National vs. State Chartered Trust Companies

Choosing a trustee is one of the most important decisions people make when they decide to create a trust. Who they select depends on a variety of factors, including the purpose and complexity of the trust, how long it’s designed to last and the powers they plan to give to the trustee. The best trustees have the fiduciary experience, investment knowledge, and diplomatic skills to negotiate complex family dynamics. Above all, they should have practical judgment and time to give the trust as much attention as it requires. For most, the threshold question is whether to appoint an institutional trustee, individual trustee or both. Whether an institutional trustee has a national or state trust charter is no longer a material consideration in choosing an institutional trustee. Many are not aware that state-chartered trust companies may offer trustee services to beneficiaries that reside in all 50 states as long as the principal place of administration of its trust activities occurs within its home state’s borders.

Click here to read more.

Colony Family Offices Announces Sponsorship of ACTEC Southeast Regional Meeting

Colony Family Offices is pleased to announce that it is a Bronze Sponsor of the 2019 Southeast Regional Meeting of The American College of Trust and Estate Counsel (ACTEC). The conference will be held November 7-10, 2019 at The Westin Poinsett.

Established in 1949, The American College of Trust and Estate Counsel (ACTEC) is a national organization of approximately 2,500 lawyers, peer-elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as a trust and estate counselor. The members, “Fellows,” are the best and brightest in trust and estate practice, with decades experience representing and advising families. ACTEC offers technical comments about the law and its effective administration but does not take positions on matters of policy or political objectives.

Please click here to read the full press release.

 

Colony Family Offices announces sponsorship of Duke Estate Planning Conference

Colony Family Offices is pleased to announce that it will be a Gold Sponsor of the 41st Annual Duke University Estate Planning Conference. The conference will be held October 10-11, 2019 at the Duke University School of Law.

This two day conference consists of a series of lecture sessions designed to examine in detail current developments in the estate and gift tax field; strengthen the practitioner’s knowledge and application of estate planning techniques to a multitude of diverse and complex problems; and to provide a forum for the discussion of important estate planning problems and their solutions.

Please click here to read the full press release.

Summary of the Generation Skipping Tax (“GST”) tax rules and filing requirements

The attached summary provides a refresher on the Generation Skipping Tax (“GST”) tax rules and highlights often overlooked filing requirements when a trust either terminates or makes a non-terminating distribution to a skip person.

The GST tax consequences of outright gifts to a skip person is fairly straight forward and no tax is due as long as the amount of the gift does not exceed the donor’s GST exemption. In contrast, gifts in trust require a thorough analysis of the GST automatic allocation rules enacted in 2001 to ensure that a taxpayer’s exemption is allocated in the most tax-advantageous manner. Unfortunately, there are several situations where reliance on the GST automatic allocation rules can lead to undesirable results. To the extent that GST exemption is not allocated automatically or affirmatively, a GST tax could be triggered later when skip persons ultimately receive distributions or are the only beneficiaries of such trust.

Forms 709, 706 GS(D), 706 GS(D-1) and 706 GS(T) are due on the 15th day of the fourth month following the year the transfer, termination or distribution occurs (normally April 15th for calendar year taxpayers, or October 15th upon extension). Transfers at death are reported on Form 706, which is due nine months after death plus extensions. The IRS is generally permitted to challenge a trust’s GST inclusion ratio and assess GST tax and penalties until the later of: (i) the expiration of the statute of limitations for filing Forms 706 GS(T), 706 GS(D-1), or 706 GS(D) as a result of a taxable termination or distribution, or (ii) upon the expiration of the statute of limitations period applicable to the grantor/decedent’s Form 706 Estate Tax Return.

Given the complexity of the GST tax rules, we recommend that a taxpayer make a conscious decision with respect to any gifts in trust with an affirmative allocation of GST exemption and not rely on the GST automatic allocation rules. We also recommend that a Trustee consider the statute of limitations with respect to the GST inclusion ratio of a trust. Depending on historical gifts and tax filings, the Trustee may want to consider making a distribution to a skip person soon after the grantor’s death and file the respective tax filings to run the statute of limitations with respect to the GST inclusion ratio of such trust.

Please click here to learn more.

Colony Market Review & Investment Outlook

Despite a few bouts of volatility, risk assets are broadly higher thus far in 2019. Yet, bond yields have plunged, signaling a weak economic outlook and expectations of further central bank easing. To be sure, the global expansion has decelerated and become more uneven—but our base case macro assumption does not call for a further, significant deterioration in growth or an outright contraction. Central banks’ dovish pivot and China’s fiscal stimulus should help stabilize growth and extend the current cycle. However, we see a high degree of uncertainty and a wide range of plausible economic outcomes. At the same time, asset valuations across most categories are somewhat above historical levels.

Read our Investment Commentary

We hope that you find this information helpful.  Please don’t hesitate to contact us if you have questions or would like to discuss further.

CFO Sponsors 40th Annual Estate Planning and Fiduciary Law Program

Colony Family Offices is pleased to announce that it will be a Silver Sponsor of the 40th Annual Estate Planning & Fiduciary Law Program. The conference will be held July 25-27, 2019 at Kiawah Island, SC.

The North Carolina Bar presents this advanced-level CLE program to experienced attorneys, accountants, trust officers, and other professionals from North Carolina and beyond. The annual program covers significant estate planning, estate administration, tax issues, and other relevant topics.

Since its founding in 2013, Colony has been an advocate of collaborative relationships with our family’s attorneys, accountants, and other professional advisors. We believe open dialogue and a diversity of opinion can help identify the best solution for our mutual clients. Collaborating with Colony gives professional advisors access to a highly skilled and experienced team of financial professionals.

Please click here to read the full announcement.

CTC Announces Sponsorship

Colony Trust Company is pleased to announce that it will be a sponsor of the South Carolina Bar’s 2019 Al Todd Estate Planning Workshop (www.scbar.org). The conference is held July 12-13, 2019 at Kiawah Island, SC.

The South Carolina Bar presents this advanced-level CLE program biennially to experienced estate planners and tax attorneys across the state.

Please click here to read the full announcement.