New procedures for carrying out qualified HSA funding distributions in notice  IRS Notice 2008-51 The notice affects holders of traditional IRAs who usually cannot take distributions without paying federal income tax on cash withdrawn as well as holders of Roth IRAs who contribute after tax income to the accounts and then can take qualified distributions without paying income tax.

Individuals who have HSA-compatible high deductible health plans and is otherwise qualified to contribute to HSAs can make a one time transfer to the HSA contribution limit without paying federal income taxes or penalities

The IRS has released a second notice 2008-52 which replaces the old maximium limit with new rules

History and economics prove for over 200 years that we will always have this tax. This started in 1797 to build the navy. Looking at our economy and national debt 9 trillion and this years budget deficit projected for 400 billion the cost of repealing the estate tax is close to 100 billion. Do you really think the legislators will walk away from this revenue source.

Currently the tax is supposed to disappear in 2009 only to comeback in its full form in 2010 its pre -2001 tax burden.

Estate planning should not be overlooked. If you are planning to transfer your estate to your family you must plan or your estate will be liquidated at auction.

When the new owner takes over as executives or owners they are not protected for non qualified benefit packages. They could be gutted or removed. Qualified plans can continue under the Dept of labor rulings. How can you keep this from happening to your business or corp?

The answer is a Rabbi [Trust]  Before the letter of intent or purchase a owner and executives can emphasize specific language to restrict the acquiring company  ability to make  modifications for non qualified benefits;

You can require third party administrators on any disputed benefits. Life insurance long term care plans that must be paid up. Disability plans and continued health benefits after the business has transfered to the new owners under a structured trust plan.

Do not use a commercial bank to act as trustee. The bank is in a awkward position while managing both sides of interest new and old owners

Locking down the trust once a letter of intent is received can protect your interests.