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Family
limited partnerships and limited liability
companies let you reduce estate taxes by
transferring assets like a family business,
farm, real estate or stocks to your children
now, and still keep some control. They can
also protect the assets from future lawsuits
and creditors.
Here’s how it works: You and your
spouse can set up a family limited
partnership or limited liability company and
transfer assets to it. In exchange, you
receive ownership interests. Though you have
a fiduciary obligation to other owners, you
can control the FLP, (as the general partner,)
or LLC ,(as manager.) You can give ownership
interests to your children, which removes
value from your taxable estate. These
interests cannot be sold or transferred
without your approval, and because there is
no market for these interests, their value
is often discounted. This lets you transfer
the underlying assets to your children at
reduced value, without losing control. Such
techniques work particularly well for assets
such as investment property.
However it is Important to Note:
FLPs are not necessarily recognized as
legitimate estate planning tools by the IRS.
Nor is this option appropriate, or even
available, in most situations. A creation of
an FLP or LLC requires a legitimate business
purpose aside from estate planning or tax
planning reasons, (such as limiting the
liability of the business creators.)
Furthermore, this is a complicated and
potentially expensive technique that should
only be utilized by clients aware and
willing to accept both the responsibility
and potential consequences.
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Transfers of limited partnership
interests are also eligible for the annual
gift tax exclusion, a powerful tool for
reducing income, gift and estate taxes.
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