
By Sam Pizzigati
Editor, Too Much online magazine
Changes in state tax laws now encourage America’s awesomely affluent to create “perpetual” trusts for their heirs. The combination of these new laws and new technology, legal scholars are warning, now allows the “dead hand” of the past to rule over the living. In essence, immortality for the rich.
Money can buy many things. But money can’t buy immortality, right?
That may once have been true, legal scholars Lawrence Waggoner and Michael Vincent argue in two new and chilling scholarly papers, but not anymore.
Billionaires today — and mere mega millionaires, too — now have all the tools they need to impose their values on future generations essentially forever.
Lawrence Waggoner, an emeritus University of Michigan law school prof, traces the modern evolution of these tools back to the 1986 federal tax “reform” that created a monster loophole for the owners of the new grand fortunes then just beginning to pop up all across America’s economic landscape.
The details can get complicated. The simple story: The rich have always been able to create “trusts” for their heirs. In a common trust situation, people of means set aside nest-eggs of multiple millions, let their kids who survived them live off the income from those millions, then had the trust’s millions revert to the grandkids. At that point, the principal in the trust would face estate taxation.
The 1986 legislation created a tax on those trust millions every time a generation passed on, but also gave rich people and their heirs an exemption that shielded part of those original trust millions. Trusts now became even more attractive to the rich — and the longer a trust could last, the better. (more…)