Beware of the Reciprocal Trust Doctrine

Many clients are planning to make large gifts before the end of 2012, to take advantage of what may be a fleeting opportunity to do so without incurring any gift tax. The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010¹ temporarily increased the gift tax exemption from $1 million to $5 million in 2011 and $5.12 million in 2012.² The gift tax exemption is scheduled to revert to $1 million in 2013. Unless Congress acts to continue the