It’s time to consider year-end planning for a year that has been an unusual one, with taxpayers experiencing losses due to the economic downturn and the possibility of higher income tax rates next year. Consequently, it’s time to rethink the traditional year-end advice of deferring income and accelerating deductions to minimize one’s total tax liability over the years.
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The first half of 2020 was marked by a return of volatility to the global capital markets as the fallout from the COVID-19 pandemic rippled across the globe. The market rallied during the second quarter under an aggressive central bank policy, coupled with optimism that economic indicators had bottomed. Turning to the fall period, the landscape for the primary alternative asset classes starts with a hedge fund update and ends with how COVID-19 has dramatically changed outcomes for commercial real estate.
Business divorces are often messy. The reasons vary—personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. When majority owners seek advice of the company’s attorney to formulate a plan to force out a minority owner, the company expects this advice to be covered by the attorney-client privilege. But in Illinois, minority members of LLCs may be able to obtain copies of communications between the LLC’s managers and its attorneys.
Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. But when there is a disagreement or dispute, it can create a situation where someone is looking for ways to force out owners of non-controlling shares and seek the advice of the company’s attorney to formulate a plan. For an Illinois LLC and their majority members, there are steps that can protect otherwise privileged communications from disclosure to minority members in advance of and during litigation.
Solving disputes among business partners and owners in a privately held business can quickly become complicated matters that end up calling for access to an LLC or corporation’s privileged communications. Only in rare circumstances can there be access to those privileged communications. Most courts apply a fact-intensive test that is difficult to satisfy. A closer look at the rule explains how it applies to Illinois corporations and business entities organized in other jurisdictions.
For high-net-worth individuals, establishing an incomplete non-grantor (ING) trust is a useful planning tool that provides income tax benefits to grantors residing in states with high state income tax rates or states that do not recognize the federal grantor trust rules. There are several steps to properly structure an ING trust, and it begins with the state selection.
Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future, as resurgences may occur at any time in different parts of the country. In preparation for future infections, there are proactive steps businesses can take.
The markets moved higher during July and August as cities across the globe continued their re-opening plans after pandemic-induced shutdowns and central banks sustained their support for global markets. However, when September came, the market sentiment turned negative, with most risk assets posting losses. Still, the third quarter was solid overall, with most market segments posting positive results behind key performance drivers.
Aircraft ownership comes with an enormous cost and responsibility that may not support the investment, and more cost-effective alternatives could accomplish the same goals with fewer headaches. Before purchasing or leasing an aircraft, it is best to understand what options are available and how these options can be tailored to fit specific needs.
New tax legislation is most likely to happen if next year the Democratic Party controls the Senate, the House of Representatives, and the White House. Now is the time to develop a contingency plan that can be implemented depending on the outcome of the U.S. election. Planning strategies that can be customized to the needs of each family are available, including taxable gifts, pre-fund life insurance trusts, spousal access trusts, intra-family loan, dynasty trusts, and GRAT planning.