Tax Trick Alert: How the IRS Just Shut Down a Big Tax Loophole!

Do you know those sneaky tax loopholes that seem too good to be true? Well, the IRS just pulled the plug on one of them, and it’s got estate planners buzzing. Earlier this year, they dropped a bombshell with Revenue Ruling 2023-2 (Rev. Rul. 2023-2), taking a close look at advanced estate planning tactics involving irrevocable trusts and gift taxes.

Rev. Rul. 2023-2

Here’s the scoop: Imagine you’ve got a stash of assets you want to protect, so you set up an ironclad trust and make some strategic moves to keep the taxman at bay. You’re taxed on the income from those assets, but when it comes to estate taxes, you’ve got a nifty little setup to avoid that, or so you thought.

The IRS just pulled the rug out from under this game. They examined a case where the trust’s creator held some powers that kept the trust’s income taxable to them but magically exempted it from estate taxes. These powers are like secret weapons, and one of them involves shuffling assets around. But guess what? The IRS isn’t revealing which one it was!

Intentionally Defective Grantor Trust

Now, here’s where it gets spicy. You might have heard of the term “grantor trust” (sounds fancy, right?). This trust gives you the power to be taxed on its income, but it’s like your trust minion – it does your bidding. When this trust isn’t counted as part of your estate, it’s called “intentionally defective” (don’t worry, it’s not actually broken).


Hold onto your hats because the IRS is digging into something called “step-up in basis” (yeah, it sounds like tax lingo, but bear with me). This massive loophole lets you escape paying taxes on those juicy gains. Imagine you bought an asset for peanuts; years later, it’s a cash cow. If you sold it, you’d owe a truckload in taxes. But if you kicked the bucket, your asset’s value magically jumps up to what it’s worth at the time. No taxes on the gains, baby!

But, and it’s a big BUT, the IRS is giving a side-eye to this sweet deal. They say, “You can’t just have your cake and eat it too.” The assets need to be in your taxable estate to score this win. And that’s where the plot twist of the Revenue Ruling comes in – just being in a trust taxed to you isn’t enough. The assets need to be in your estate’s VIP club.

So, estate planners and tax wizards, watch out! The IRS is searching for tricks that might be a bit too tricky. That “step-up” in basis loophole just got a reality check. Stay tuned for more tax tales!

To Read More: IRS Confirms Grantor Trust Status along does not cause a step-up-in-basis

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