Year-end planning presents abundant opportunity to consider and optimize tax strategies. For the executives who have faced tremendous demand to lead companies through dynamic shifts during a year of historic change and disruption, it is important to be particularly mindful of tax implications that may arise from equity-linked compensation. As the year draws to a close, three top-of-mind questions are answered.
Resource Search
The environmental, social, and governance (ESG) research among institutional investors has historically focused mostly on the “E” and the “G,” leaving social issues as somewhat of a forgotten middle child. But the COVID-19 pandemic and racially-driven police violence have shifted public opinion, and it matters. At this inflection point, there is a recognition that investors can and will play a role, and that companies and bond issuers will be held increasingly accountable for the impact they have on their colleagues, communities, and customers.
Investing sustainably does not mean sacrificing returns. In fact, the opposite is true across many different asset classes. A closer look shows how investments in private equity, public equity, and fixed income can generate social impact while driving real financial results for investors.
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.
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.
There are policy changes and new procedures that companies—including family offices—should consider when reopening amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum. Instead, they must clearly and effectively communicate these changes to employees, customers, and the public. There are a few ways to make effective communication happen and ensure higher rates of compliance around new procedures.
Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic. As cases have surged in new parts of the country, businesses have been forced to reassess their operational plans in both the near- and long-term. Owners and executives are paying close attention both to customer and employee safety. And businesses must be mindful of potential legal ramifications of their decisions.
As a clearer picture of each U.S. presidential candidate’s platforms emerges, many have yet to consider how a potential change in leadership may impact their current estate tax and income tax. This guides provides a thorough outline and comparison of both Biden’s and Trump’s tax platforms and includes possible impacts to high-income earners, high net worth individuals, and families. To help mitigate the tax impacts, several key strategies are brought into focus.