May 2012 J.E. CASCADING GRAT & INSTALLMENT SALE ANALYSIS CONFIDENTIAL Investment products: Not FDIC insured • No bank guarantee • May lose value Please see important information at the end of this presentation. A sale to an IDGT is a tax-efficient way to transfer future appreciation of an asset Intentionally Defective Grantor Trust (“IDGT”) • Grantor makes arm’s length sale of assets to an irrevocable trust • Grantor receives a note for the fair market value of the asset plus interest at current AFR • Grantor pays income taxes generated by trust assets • After the note is paid, remaining trust assets pass to heirs gift tax free • Additional considerations – trust should be “pre-funded” by grantor to provide sufficient coverage for the note – having the loan guaranteed by trust beneficiaries may be beneficial – advisable to allocate GST exemption to trust in order to maximize benefit to heirs CONFIDENTIAL 1 How a sale to an IDGT works 1 2 3 4 Sell asset at fair market value to the trust in return for a promissory note bearing interest at proper AFR* based upon term of loan Receive payments satisfying terms of note Pay income tax on trust income and realized gain After note is paid off, remaining assets in trust are available, free of gift tax, for beneficiaries** Grantor 3 Pay income tax on trust income and realized gain 1 2 Receive payments Sell asset to trust for a note IDGT Beneficiaries 4 Remaining assets pass to beneficiaries* To enhance the potential benefits consider funding a series of cascading GRATs – the remainders can be added to the IDGT If the cascading GRATs are successful, at the end of the cascading GRAT terms additional assets can be sold to the IDGT CONFIDENTIAL * AFRs are defined as: 1) short-term - not over three years; 2) mid-term - over three, but not over nine years; 3) long-term - over nine years. ** If Grantor dies before note is satisfied, the fair market value of the note is includible in grantor’s estate. 2 A “Cascading GRAT” strategy e