By Martin M. Shenkman, CPA, MBA, PFS, AEP, JD Are major estate tax law changes in the offing? Perhaps, but my Ouija board smoked when I asked the question. So, barring that type of guidance, what assurance can there be? The election hasn’t occurred yet, so there’s certainly no way to know which candidate will win. Party platforms haven’t even been finalized. And, there’s no assurance that the winner’s proposals will be enacted. In spite of the above, practitioners should put all clients involved in active planning on notice of Clinton and Trump’s proposals because they’re so dramatically different. No…
Hurry and Use the Restricted LLC/LP Statutes Before the IRC Section 2704 Regulations are Finalized!
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) Estate planners often use family limited liability companies and family limited partnerships to facilitate gifting and installment sales of minority interests or non-voting interests to family members or irrevocable trusts for the benefit of family members. Under Code Section 2704(b) and Treasury Regulations §25.2704-2(a), if an interest in an entity is transferred to or for the benefit of a member of the transferor’s family, any applicable restriction is disregarded in valuing the transferred interest. Treasury Regulations §25.2704-2(b) defines an applicable restriction as a limitation on the ability to liquidate the…