Page 18 THE EVERETT ADVOCATE – FRiDAy, OCTObER 25, 2024 form multi-company associations to represent them when negotiating with the union. The state would suTHE HOUSE AND SENATE. There were no roll calls in the House or Senate last week. This week, Beacon Hill Roll Call looks at Question 3, one of the fi ve questions on the ballot that will be decided directly by the voters in November. The question asks voters if they approve of a proposed law that would allow drivers for Lyft and Uber, and any other companies that use a digital network to connect riders to drivers for pre-arranged transportation, to collectively bargain to create negotiated recommendations concerning wages, benefi ts and terms and conditions of work. Drivers would not be required to engage in any union activities. Companies would be allowed to pervise the labor activities permitted by the proposed law and would have responsibility for approving or disapproving the negotiated recommendations. WHAT SUPPORTERS SAY: “Voting ‘Yes’ on Question 3 is about giving these Massachusetts rideshare drivers what nearly every other worker in the state has: the option to join a union,” Roxana Rivera, co-chair on the Yes on 3 Coalition told Beacon Hill Roll Call “We know this is what our state’s rideshare drivers want. A recent driver survey showed 95 percent support for the option to join a union and Question 3 won’t force any rideshare drivers to join the union if they don’t want to. Seventy percent of voters support Question 3, according to a just-concluded poll of likely 2024 voters. Nationally, unions are LEGAL NOTICE City of Everett PLANNING BOARD 484 BROADWAY EVERETT, MA 02149 Frederick Cafasso- Chairman LEGAL NOTICE EVERETT PLANNING BOARD PUBLIC HEARING NOTICE Public Hearing on an application by 373 Second Street, LLC Property located at: 373 Third Street and 15 Garden Street Site Plan Review & Inclusionary Zoning In accordance with the provisions of M.G.L Chapter 40A and with Sections 19, 32, and 33 of the Everett Zoning Ordinance, the Everett Planning Board will conduct a public hearing on Tuesday, November 12, 2024 at 6:00 PM in the Speaker George Keverian Hearing Room, Everett City Hall, Room 37, to consider the above-listed application for Site Plan Review and Special Permit for Inclusionary Zoning. This proposal is for the redevelopment of a 90,009 sq. ft. lot formerly occupied by an industrial manufacturing structure, to construct a 7-story, mixed-use building with a total of 273 residential units, 28 of which shall be deed-restricted as affordable, 3,427 sq. ft. of retail space, and a parking garage containing 339 parking spaces. 373 Second Street and 15 Garden Street are parcels of land located in the Commercial Triangle Economic Development District and are referenced by Assessor’s Department as K0-05-000191 and K0-05-000222. A copy of the application and plans are on file and available in the Office of the City Clerk and the Department of Planning and Development, both located at City Hall, 484 Broadway, Everett, MA 02149 and can be inspected online anytime at http://www.cityofeverett.com/449/PlanningBoard and/or by request during regular City Hall business hours by contacting The Planning and Development Office at 617-394-2334. All persons interested in or wishing to be heard on the applications may attend and participate in person. This project, along with all other projects to be discussed at the meeting, can be found on the posted Agenda at the following link: http://www.cityofeverett.com/AgendaCenter. Questions and comments can be directed in advance of the public hearing to Matt Lattanzi of the Department of Planning & Development at Matt.Lattanzi@ci.everett.ma.us or 617-394-2230. Frederick Cafasso Chairman October 25, November 01, 2024 more popular than they’ve been in generations.” On its website, the “Vote ‘Yes’ on 3 Committee” says, “The option to join a union is guaranteed for most workers but rideshare drivers don’t have that choice. Drivers are struggling to support their families despite working in a billion-dollar industry. After expenses, they take home less than $15 an hour, the minimum wage, with no protections against arbitrary deactivations that make it impossible to support their families. Vote ‘Yes’ on Question 3 to ensure drivers can challenge these unfair practices.” WHAT OPPONENTS SAY: Paul Craney, a spokesperson for the Massachusetts Fiscal Alliance, told Beacon Hill Roll Call that although the alliance is not a ballot questions committee, “[we] authored the voter guide (red book) summary because we are ideologically opposed to the BEACON | SEE PAGE 20 Gift Taxes And Medicaid Irrevocable Trusts I f you transfer your home or investment assets into an irrevocable Trust, no gift taxes will be owed if the Trust is drafted in such a way as to avoid a completed gift. If the Settor of the irrevocable Trust reserves the right to determine the ultimate benefi - ciaries of the Trust, under Internal Revenue Code Section 2511 and Treasury Regulation Section 25.2511-2C, the transfer into the Trust will not be a completed gift. Since there is no gift tax in Massachusetts and the current gift tax exemption is $13.6million, most people decide not to even bother fi ling a gift tax return for informational purposes only. In a typical Medicaid irrevocable Trust, it is structured as a grantor-type trust for both income tax purposes and capital gains tax purposes. Therefore, if there was a rental property titled in the name of the irrevocable Trust, the Trust would fi le its own income tax return under its own federal ID number and the Settlor of the Trust would receive a Grantor letter in order for the Settlor to report the net rental income or loss on his or her own individual income tax return. The same would be true for any dividend income, interest income or capital gain distributions generated by the irrevocable Trust as a result of transferring any bank account, brokerage account or other investment account to the irrevocable Trust. Since the transfer to the irrevocable Trust involves an incomplete gift, the other benefit will be that the appreciated real estate or stocks, for example, in a brokerage account, will receive a step-up in cost basis at the time of the Settlor’s death, thereby providing the benefi ciaries of the irrevocable Trust a fresh starting point with the cost basis equal to the fair market value of the underlying Trust assets at the time of the Settlor’s death. Therefore, if the real estate or stock portfolio is then sold within a short period of time after the Settlor’s death, there would be either no capital gain or little capital gain to be recognized upon that subsequent sale. If your principal residence is transferred to the irrevocable Trust, and you wish to sell in the future, the Settlors of the Trust would enjoy the benefi t of a $500,000 capital gain tax exclusion. For a single Settlor, the capital gain exclusion would be $250,000. If deeding to children outright, if the children do not live in the home, they will not receive the benefi t of the capital gain exclusion. Since the home is not their principal residence, and there has been a completed gift, there is a strong likelihood that the children will have to pay a capital gains tax based on their portion of the total capital gain. If the parents deeded to the children with a reserved life estate, a completed gift will have occurred and the capital gain would have to be allocated to the life tenants and the remaindermen, based upon the Book Aleph table and IRS Section 7520 interest rates applicable at the time of the sale. An irrevocable Trust would avoid those tax issues, would avoid probate and would start the fi ve-year look-back period in order to protect the Trust assets from a nursing home. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation.
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