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Drafting SLATs That Survive the IRS and a Divorce: Reciprocal-Trust Differentiation, Floating-Spouse Provisions, and QSBS Stacking

Most SLATs that fail don’t fail because of tax law — they collapse under the reciprocal-trust doctrine or strand the donor when the marriage ends. Walk away able to draft paired SLATs that hold up against both, lock in the permanent $15M exemption, and stack the QSBS exclusion through a nongrantor trust.

2026-07-30 13:00:00

Program Details

2026-07-30 13:00:00

2026-07-30 13:00:00

Over 1,000+ webinars

2026-07-30 13:00:00

Program Details

2026-07-30 13:00:00

Program Details

2026-07-30 13:00:00

Over 1,000+ webinars

2026-07-30 13:00:00

Course Overview

The Exemption Cliff Vanished. The Case for Gifting Didn't

2026-07-30 13:00:00

For years the pitch was speed: gift before the 2026 sunset or lose half the shelter. That deadline is gone — the lifetime exemption is now permanent at roughly $15M per spouse. The question is no longer whether to gift in time. It’s whether the SLAT you draft survives the two events that actually break these trusts.

Neither is doctrine you can look up. Build mirror-image trusts for each other, and the reciprocal trust doctrine uncrosses them — both transfers snap back into the estates. Tie the donor’s access to the marriage, and divorce or a spouse’s early death severs it. Choose grantor over nongrantor without a reason, and the Section 1202 stack is gone.

You leave with the work product these failures demand: language to differentiate paired SLATs in terms, timing, and powers; floating-spouse provisions and powers of appointment that hold through divorce or death; a grantor-versus-nongrantor decision framework; and the structure to stack QSBS through a nongrantor SLAT.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
SLAT mechanics
Move assets out of the taxable estate while engineering the donor’s continued indirect access through the beneficiary spouse.
02
Exemption capture
Size and deploy gifts against the now-permanent ~$15M lifetime exemption instead of racing a sunset that no longer exists.
03
Grantor vs. nongrantor
Choose the income tax treatment that fits the client’s transfer goals and preserves the QSBS stack.
04
Paired-trust differentiation
Vary terms, timing, and trustee powers so the reciprocal trust doctrine can’t uncross the two SLATs.
05
Floating-spouse provisions
Draft the appointment powers and successor-spouse language that keep the donor’s access alive through divorce or a spouse’s death.
06
QSBS stacking
Gift qualified small business stock to a nongrantor SLAT to multiply the Section 1202 gain exclusion across a separate taxpayer.

Program schedule

clock 1:00 pm - 1:20 pm EST

The Mechanics of SLATs

A SLAT shifts assets out of the donor’s taxable estate while preserving indirect access through the beneficiary spouse. This session covers how the trust is created, who holds each interest, and how the donor keeps practical benefit.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 1:20 pm - 1:40 pm EST

Maximizing the Lifetime Gift Tax Exemption

Today’s lifetime gift tax exemption is permanent and historically high, but a future Congress could still reduce it. This session shows how to deploy it through a SLAT now and size gifts to capture the full available shelter.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 1:40 pm - 2:00 pm EST

Tax Efficiencies: Estate, Gift, and Income

A properly structured SLAT shields transferred assets from estate and gift tax while handling trust income efficiently. This session compares grantor and nongrantor income tax treatment and shows how to align it with the client’s transfer tax goals.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:10 pm - 2:30 pm EST

Avoiding the Reciprocal Trust Doctrine

When both spouses create trusts for each other, the reciprocal trust doctrine can unwind the planning and pull assets back into both estates. Learn to differentiate paired SLATs in terms, timing, and powers to keep the transfers intact.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:30 pm - 2:50 pm EST

Divorce and the Premature Death of a Spouse

A SLAT depends on the marriage, so divorce or the premature death of the beneficiary spouse can cut off the donor’s indirect access. Examine the floating-spouse provisions and powers of appointment that protect the donor if the marriage ends.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
clock 2:50 pm - 3:10 pm EST

QSBS Stacking Through a Nongrantor SLAT

Gifting qualified small business stock to a nongrantor SLAT creates a separate taxpayer that can multiply the Section 1202 gain exclusion. Learn how stacking works, when the stock and trust qualify, and how it pairs with the SLAT’s estate benefits.

Christopher M. KlugChristopher M. Klug
Gina Jeyoung LeeGina Jeyoung Lee
Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Christopher M. Klug is a co-founder of Basswood Counsel and an international tax planning attorney whose practice spans corporate tax structuring, crossborder transactions, private equity, estate planning, and family office strategy. He pairs a large-firm background with a boutique, hands-on partnership approach, working closely with each client’s financial advisors, accountants, and leadership team so that every decision aligns with their broader goals. He is known for listening first and building customized solutions rather than relying on templates.

Education & Credentials

Mr. Klug earned his LL.M. from Georgetown University Law Center, his Juris Doctor from Michigan State University College of Law, and his Bachelor of Arts from Michigan State University. He is admitted to practice in the District of Columbia, Illinois, Michigan, New York, Maryland, and Virginia.

Recognition & Leadership

Mr. Klug is a co-founder and partner of Basswood Counsel, formerly Klug Counsel PLLC, where he holds a founding leadership role. Under its leadership, the firm received Integra International's 2025 Firm of the Year Award, recognizing its participation in the global association's cross-border collaboration and professional community.

Professional Involvement

Mr. Klug is an active contributor to the international tax community. He presents regularly in Integra International's webinar series for member firms worldwide, including a session on U.S. income tax treaties and planning opportunities. He has also taken part in the Private Client Forum Americas, joining fellow tax and estate planning practitioners at the 2024 program. Earlier in his career he served as an adjunct professor in Siena College's M.S. in Accounting program, teaching advanced tax accounting.

Experience

Mr. Klug advises businesses, funds, and individuals on domestic and international taxation, tax controversy, corporate and business planning, mergers and acquisitions, cross-border transactions, and domestic and international estate and trust administration. Before co-founding Basswood Counsel, he held senior roles including Managing Partner of the Washington, DC office of BurgherGray LLP and partner at CKR Law LLP, and he is founder and principal of CK Tax Services LLC. A former tax professor, he brings a strong foundation in subchapter C and S corporate taxation and partnership taxation to the strategies he builds for corporations, partnerships, private equity funds, nonprofits, individuals, and family offices.
Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Gina Jeyoung Lee is a partner and co-founder of Basswood Counsel and a tax and estate planning advisor with extensive experience in U.S. tax law and tax treaties. She provides strategic counsel on individual and business tax planning, compliance, and controversies, along with domestic and international estate planning, and has been instrumental in helping clients with new business entity formation and fund formation while keeping them compliant with corporate regulatory requirements. She is known for understanding each client’s circumstances and tailoring her advice to their needs.

Education & Credentials

Ms. Lee earned her Juris Doctor from the Antonin Scalia Law School at George Mason University and her undergraduate degree from Chapman University. She is admitted to the State Bar of California and is fluent in Korean.

Recognition & Leadership

Ms. Lee is a partner and co-founder of Basswood Counsel, one of the founding members who established the boutique tax, corporate, and securities firm based in Washington, DC.

Professional Involvement

Ms. Lee is active in the professional and business community. She co-presents Basswood Counsel's Under the Basswood Tree podcast, with episodes addressing the strategic importance of estate planning, expatriation and covered expatriate status, and cross-border reporting under FBAR and FATCA. As partner and co-founder, she has also represented the firm in its engagement with the Asian American Chamber of Commerce, which Basswood joined in 2025.

Experience

Ms. Lee focuses her practice on individual and business tax planning, compliance, and controversies, together with domestic and international estate planning, and she advises on business entity formation, fund formation, and corporate regulatory compliance. Before co-founding Basswood Counsel, she practiced as an associate at BurgherGray LLP. She is committed to understanding each client's unique circumstances and customizing planning opportunities to suit their needs.
Christopher M. Klug

Christopher M. Klug

Basswood Counsel

Christopher M. Klug is a co-founder of Basswood Counsel and an international tax planning attorney whose practice spans corporate tax structuring, crossborder transactions, private equity, estate planning, and family office strategy. He pairs a large-firm background with a boutique, hands-on partnership approach, working closely with each client’s financial advisors, accountants, and leadership team so that every decision aligns with their broader goals. He is known for listening first and building customized solutions rather than relying on templates.

Education & Credentials

Mr. Klug earned his LL.M. from Georgetown University Law Center, his Juris Doctor from Michigan State University College of Law, and his Bachelor of Arts from Michigan State University. He is admitted to practice in the District of Columbia, Illinois, Michigan, New York, Maryland, and Virginia.

Recognition & Leadership

Mr. Klug is a co-founder and partner of Basswood Counsel, formerly Klug Counsel PLLC, where he holds a founding leadership role. Under its leadership, the firm received Integra International's 2025 Firm of the Year Award, recognizing its participation in the global association's cross-border collaboration and professional community.

Professional Involvement

Mr. Klug is an active contributor to the international tax community. He presents regularly in Integra International's webinar series for member firms worldwide, including a session on U.S. income tax treaties and planning opportunities. He has also taken part in the Private Client Forum Americas, joining fellow tax and estate planning practitioners at the 2024 program. Earlier in his career he served as an adjunct professor in Siena College's M.S. in Accounting program, teaching advanced tax accounting.

Experience

Mr. Klug advises businesses, funds, and individuals on domestic and international taxation, tax controversy, corporate and business planning, mergers and acquisitions, cross-border transactions, and domestic and international estate and trust administration. Before co-founding Basswood Counsel, he held senior roles including Managing Partner of the Washington, DC office of BurgherGray LLP and partner at CKR Law LLP, and he is founder and principal of CK Tax Services LLC. A former tax professor, he brings a strong foundation in subchapter C and S corporate taxation and partnership taxation to the strategies he builds for corporations, partnerships, private equity funds, nonprofits, individuals, and family offices.
Gina Jeyoung Lee

Gina Jeyoung Lee

Basswood Counsel

Gina Jeyoung Lee is a partner and co-founder of Basswood Counsel and a tax and estate planning advisor with extensive experience in U.S. tax law and tax treaties. She provides strategic counsel on individual and business tax planning, compliance, and controversies, along with domestic and international estate planning, and has been instrumental in helping clients with new business entity formation and fund formation while keeping them compliant with corporate regulatory requirements. She is known for understanding each client’s circumstances and tailoring her advice to their needs.

Education & Credentials

Ms. Lee earned her Juris Doctor from the Antonin Scalia Law School at George Mason University and her undergraduate degree from Chapman University. She is admitted to the State Bar of California and is fluent in Korean.

Recognition & Leadership

Ms. Lee is a partner and co-founder of Basswood Counsel, one of the founding members who established the boutique tax, corporate, and securities firm based in Washington, DC.

Professional Involvement

Ms. Lee is active in the professional and business community. She co-presents Basswood Counsel's Under the Basswood Tree podcast, with episodes addressing the strategic importance of estate planning, expatriation and covered expatriate status, and cross-border reporting under FBAR and FATCA. As partner and co-founder, she has also represented the firm in its engagement with the Asian American Chamber of Commerce, which Basswood joined in 2025.

Experience

Ms. Lee focuses her practice on individual and business tax planning, compliance, and controversies, together with domestic and international estate planning, and she advises on business entity formation, fund formation, and corporate regulatory compliance. Before co-founding Basswood Counsel, she practiced as an associate at BurgherGray LLP. She is committed to understanding each client's unique circumstances and customizing planning opportunities to suit their needs.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
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Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs