Income Tax Planning for
LLCs, FLPs, Trusts and Estates
(And Their Owners or Beneficiaries)
Just Got Trickier!

Under IRC Section 1411, income from pass-through entities received by a taxpayer is subject to the 3.8% net investment income tax (NIIT) if it is (1) from a passive activity and (2) not derived in the ordinary course of trade or business.  Therefore, any income an individual or trust or estate receives from an activity will be subject to the NIIT if the individual or trust or estate is passive in the activities. In order for the individual or trust or estate to avoid being passive with regard to those activities, it must “materially participate” under the passive activity loss rules promulgated in Section 469 and the Regulations thereunder.

If you’re an attorney or CPA who advises (or does tax returns for LLCs, FLPs, Trusts or Estates), you need to know:

  • How the passive activity loss rules in Section 469 and its Regulations impact the NIIT
  • What constitutes “material participation”
  • How to utilize “grouping”
  • The self-rental rule
  • The real estate professional rule
  • How to navigate the self-charged interest rule
  • Applicable case law and IRS guidance
  • Where the planning opportunities are

Join us and nationally renowned CPA, Robert Keebler, for a special presentation entitled, “What You Need to Know About the Passive Loss Rules for LLCs, FLPs, Trusts and Estates.”

  • Program Title: What You Need to Know About the Passive Loss Rules for LLCs, FLPs, Trusts and Estates
  • Speaker:
  • Duration: 90 Minutes

Robert S. Keebler

CPA/PFS, MST, AEP (Distinguished), CGMA
Robert S. Keebler

Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession. Mr. Keebler is the past Editor-in-Chief of CCH’s magazine, Journal of Retirement Planning, and a member of CCH’s Financial and Estate Planning Advisory Board. His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration. Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals.

In the past 20 years, he has received over 150 favorable private letter rulings including several key rulings of “first impression.” Mr. Keebler is nationally recognized as an expert in estate and retirement planning and works collaboratively with other experts on academic reviews and papers, and client matters. Mr. Keebler is the author of over 75 articles and columns and editor, author, or co-author of many books and treatises on wealth transfer and taxation, including the Warren, Gorham & Lamont of RIA treatise Esperti, Peterson and Keebler/Irrevocable Trusts: Analysis with Forms.

Mr. Keebler is a member of the editorial board of the Society of Financial Service Professionals “Keeping Current” series. He is a featured columnist for CCH’s Taxes Magazine – “Family Tax Planning Forum,” Steve Leimberg’s “News of the Week Newsletter” and the Bureau of National Affairs Tax Division. Bob also had his article “Is That Your ‘Final’ Answer?” published in Tax Management Compensation Planning Journal. Bob frequently is quoted in national publications such as New York Times, Chicago Tribune, Baltimore Sun, Barrons, Bloomberg Wealth Manager, Financial Advisor, Forbes, Kiplinger, Lawyer’s Weekly, On Wall Street, The Wall Street Journal, USA Today, Wealth Manager and Worth in addition to many local and regional newspapers.

He is a frequent speaker for legal, accounting, insurance and financial planning groups throughout the United States at seminars and conferences on advanced IRA distribution strategies, estate planning and trust administration topics including the AICPA’s Advanced Estate Planning, Personal Financial Planning Conference and Tax Strategies for the High Income Individual Conference.

Mr. Keebler graduated (cum laude) from Lakeland College with a degree in Accountancy and the University of Wisconsin – Milwaukee with a Masters in Taxation. Before practicing in Northeastern Wisconsin, he practiced with Price Waterhouse where he concentrated in taxation.


The Ultimate Estate Planner, Inc. and the presenter are not registered Continuing Education Sponsors and this program is not pre-approved for continuing education credit for any state or regulatory agency.

However, please note that each program includes a Certificate of Completion and, depending on the license and the regulatory agency for which governs a participant’s CE credit, some professionals may be able to self-report his or her participation and receive credit. It is the responsibility of the participant to complete any process necessary to seek self-reported CE credit for his or her participation. By registering for a teleconference (or purchasing on On-Demand program), you understand that CE credit is not guaranteed or warranted by the presenter or The Ultimate Estate Planner, Inc.


  1. Brian Dolasinski, Attorney

    Thank you, really enjoyed the program. It is a good program.

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