I have been asked on numerous occasions to draft either a Limited Partnership (“LP”) or Limited Liability Company (“LLC”) agreement for many different types of business arrangements. One of the first discussion items deals with the economics of the specific transaction that the parties are entering into. What the parties describe as being simple to […]
People often ask me, what are some of the typical business owner’s concerns that I discuss with them regarding their business? In an article by Martin S. Finn, CPA, who mentioned the top ten businesses and estate planning mistakes, I was reminded of the three areas that I typically spend most of my time discussing […]
People are often surprised to learn that tax planning can be an aid in solving closely held business problems. Over time, families and closely held business owners have differences. Sometimes the best way to handle the problem is to have the business be divided. The question is whether or not it can be done tax […]
I am currently working with the second generation of a family that utilized a family limited partnership as a means to control the family wealth by their parents. I represent the two general partners that succeeded their parents. We are now working on the changes to both the form of the limited partnership and drafting […]
Many entrepreneurs intend to pass the family business to future generations. Unfortunately, most family businesses fail to survive into the third generation. Jeff Scroggins, a nationally known authority recent wrote an article about business succession planning. When considering the passage of a family business, there are seven important realities that need to be understood. I […]
In today’s tax environment, with transfer taxes as well as income and capital gains taxes slated to rise substantially next year, planning for the terminally ill could yield large savings for surviving family members. John J. Scroggin a noted author and planning expert outlines the unique planning possibilities that arise this year in planning for […]
Family businesses statistically have only a 20% chance of being successfully transferred on to the next family generation. As I have mentioned before in other articles, the death tax owed on the death of the owner of the business is not the major factor for the loss of the business from one generation. To the […]
If you are like everyone else who has owned both stocks and real estate, the last few years have been terrible. Most individuals I have talked to have had their dreams changed. Some have been very dramatic. Younger individuals or couples have a much longer horizon to hopefully recoup their money, while the older generation […]
As everyone is painfully aware at this point, the $5.12 million gift tax exemption is scheduled to expire on December 31, 2012. Naturally, using the exemption before it expires is a very hot topic among high net worth families and their advisors. Jeffrey A. Baskies published in October 2012 an article regarding a year-end planning opportunity […]
We are coming to the end of a two years period, through the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” (“2010 Act”) that a couple could have transferred up to $10 million without having to worry about their estate paying any estate taxes on the death the surviving spouse ($5 million […]