Advanced Planning

Tax Planning

Tax planning becomes more important when wealth, ownership, or a major transaction creates consequences that a foundational estate plan was never designed to address.

The objective is not simply to reduce taxes wherever possible. It is to understand which taxes matter, what opportunities exist, and whether the economic benefit justifies the additional planning before timing or a completed transaction takes those options away.

Jeff Cardon reviewing estate planning documents at his office in Pleasant Grove, Utah.

Not Every Tax Problem Is the Same Tax Problem

“Tax planning” can describe several very different objectives.

Transfer-tax planning deals with the movement of wealth between people and generations. That includes estate tax, gift tax, and generation-skipping transfer tax. Income-tax planning looks at different questions, including state income tax, capital gains, basis, and transaction-specific opportunities.

Those categories can overlap. A trust designed to accomplish one objective may affect another tax. A business sale may create income-tax issues while also changing the size and structure of your estate. A multigenerational plan may require both transfer-tax and income-tax analysis.

The right tax strategy depends on the tax, the asset, the transaction, and the timing.

The important point is that tax planning should begin with the actual objective rather than with a particular trust or technique.

The Main Areas of Advanced Tax Planning

Different taxes respond to different planning tools. The first step is identifying which tax exposure or opportunity actually matters.

Income Tax Planning

Income-tax planning may become important when significant income, appreciated assets, business ownership, or a major transaction creates meaningful tax exposure. The analysis can include federal and state income taxes and how ownership or trust structure affects where and when income is recognized.

Estate Tax Planning

Estate-tax planning evaluates whether assets included in your estate could create transfer-tax exposure at death and whether advanced structures may help manage that risk. The analysis depends on the value and character of the assets, existing planning, family goals, and the legal environment at the time.

Gift Tax Planning

Lifetime transfers can affect both family wealth planning and the broader transfer-tax picture. Gift-tax planning examines when transferring assets during life may make sense, what rights or value are being transferred, and how those decisions interact with the rest of your estate plan.

Generation-Skipping Transfer Tax

Planning across multiple generations can create a separate generation-skipping transfer-tax analysis. This becomes particularly important when assets may remain in trust for children, grandchildren, and later generations rather than passing outright at the next transfer.

Capital Gains and Basis

The way an asset is owned, transferred, sold, or included in an estate can affect capital gains and tax basis. In advanced planning, basis decisions can sometimes be as important as estate-tax savings, particularly when highly appreciated assets or a significant sale are involved.

Transaction Planning

A sale, IPO, real estate disposition, or other liquidity event can change the economics of tax planning very quickly. Strategies that would not make sense for an ordinary transaction may become worthwhile when substantial gain is involved, especially when planning occurs before the transaction is fixed.

When the Numbers Change

A Small Percentage Can Become a Very Large Number

Tax planning should be evaluated in relation to the economics of your situation.

A sophisticated structure may provide little practical benefit when the underlying income, gain, or estate exposure is relatively modest. The same planning may become far more significant when a business is being sold, a large real estate portfolio is being liquidated, or another major transaction is expected to create substantial gain.

That is why current net worth is not always the only number that matters. An anticipated transaction can change the analysis quickly.

The planning also has to happen at the right time. Ownership, taxpayer status, trust structure, and other decisions may need to be addressed before a transaction becomes fixed or completed. Once the economic event has already occurred, some opportunities may no longer be available.

White architectural pattern representing structure and coordination in estate planning

The percentage may sound small. The dollars may not be.

Stage 1 — Identify the Exposure

Determine what tax issue actually exists or may arise. That may involve income taxes, capital gains, estate tax, gift tax, generation-skipping transfer tax, or several of those at the same time.

Stage 2 — Evaluate the Opportunity

Compare the available planning techniques with the economics of the situation. Consider the expected transaction, asset values, ownership structure, family goals, administrative complexity, and whether the potential benefit justifies the planning.

Stage 3 — Implement Before It Is Fixed

Complete the necessary ownership, trust, or transfer planning while the opportunity still exists. Once a sale, transfer, or other event is completed—or sufficiently fixed—the available strategies may be narrower than they were earlier.

Planning Before the Event

Tax Planning Changes as the Opportunity Becomes More Concrete

Many advanced tax strategies depend not only on what you own, but on when decisions are made. The available planning can narrow as a sale, transfer, or other taxable event moves closer to completion.

When Does Advanced Tax Planning Become Relevant?

Tax planning is not driven by one universal wealth threshold. It becomes more relevant when the size, growth, ownership, or timing of your assets creates a meaningful tax consequence that additional planning may be able to address.

Founders and Business Owners

A growing company or approaching sale can create income-tax, capital-gains, gift-tax, and estate-tax questions at the same time. Planning before a transaction may provide options that are no longer available after ownership or sale terms become fixed.

Real Estate Investors

Highly appreciated properties, portfolio sales, ownership changes, and significant liquidity events can create substantial tax consequences. The planning analysis may involve both the transaction itself and what happens to the resulting wealth afterward.

Families With Significant Wealth

As wealth grows, transfer-tax planning can become more relevant alongside income-tax and basis considerations. The objective is to coordinate those issues with long-term family and multigenerational planning rather than treating each tax in isolation.

Tax Planning Requires More Than a Tax Strategy

Advanced tax planning often involves several legal and financial consequences at once.

A strategy designed to reduce one tax may affect another. Moving an asset out of an estate may change its basis treatment. A trust created before a transaction may affect who recognizes income. A lifetime transfer may help accomplish one family objective while changing the transfer-tax analysis elsewhere.

The work is not simply identifying a technique that can reduce tax. It is understanding how the strategy fits your assets, transaction, estate plan, family goals, and timing.

Good tax planning should produce a meaningful benefit without creating unnecessary complexity or undermining another part of the plan. That requires evaluating the entire structure rather than optimizing one tax in isolation.

Evaluate the Tax Opportunity Before the Planning Window Narrows

If you are approaching a significant sale, transfer, liquidity event, or other change in wealth, the right time to evaluate advanced tax planning is generally before the transaction is complete.

Cardon Law Resources

Helpful Guidance for Planning Ahead

Subscribe for occasional insights on estate planning, trust administration, asset protection, and business planning. Our goal is to help you stay informed before important decisions arise.