One of the most significant hurdles in structuring a suitable debt workout or restructuring arrangement between a lender and a borrower involves the negative impact of U.S. income taxes on the borrower, particularly if the partners have conflicting objectives in terms of their tax position. Various options are available to partners when making elections to recognize COI income immediately or to defer it. When general partners consider the potential impact of these elections on their partners’ financial situation, perils can be avoided.
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For private wealth clients, the consideration of tax liabilities adds another wrinkle to already complex investment decisions. It is vital for high-net-worth individuals and families to weigh the tax implications of any changes to their portfolio as taxes can erode gains, hindering their investments’ ability to meet their financial objectives. Although the burden of taxes creates a higher hurdle for private clients than most institutional investors, it is not insurmountable.
Many of the wealthiest and most sophisticated families are reconnecting to their family roots in entrepreneurship and are investing in, and managing, direct investments using thoughtfully designed trusts and private trust companies.
Since the Tax Cuts and Jobs Act was released at the end of 2017, family office and multi-family office professionals have been struggling to understand what all this means for their clients’ situations and circumstances.
Tax reform has created major changes and opportunities for high-net-worth taxpayers, particularly those who are real estate investors and developers.
The Massachusetts Supreme Judicial Court recently ruled that a ballot initiative that would have had Bay Staters vote this November to raise the state income on its wealthiest residents is unconstitutional. The Fair Share Amendment proposal, dubbed by some the “Millionaire's Tax,” will no longer appear on the November ballot.
Federal tax reform has potentially and perhaps unexpectedly increased the tax liability for families by destroying the deduction for investment expenses. However, the recent United States Tax Court decision on the Lender Management case may provide an opportunity for family offices to maintain deductibility for legitimate business expenses under the Internal Revenue Code (IRC) 162 instead of Section 122. Therefore, family offices desiring to deduct expenses may want their facts to closely mirror those of Lender Management, LLC and to consider restructuring.
As part of federal tax reform, Congress created a new “Qualified Opportunity Zone” program to encourage investment in businesses that are located in low-income communities.
The purpose of the New Markets Tax Credit (NMTC) program is to attract private investment to communities lacking adequate access to capital and experiencing vacant commercial properties, outdated manufacturing facilities and/or inadequate access to education, health care, healthy food and other basic social services. Different Community Development Entities will focus on different types of investments and geographic areas.
Life is more complicated for families who have a loved one with a disability. The process of developing an estate plan requires the ability to navigate the confusing and often counter-intuitive rules of government benefit eligibility, and being intimately familiar with the circle of doctors, diagnoses, therapies, and services that will be available to provide special needs support over the course of a lifetime. If your family includes a person with special needs, there are 10 tips to get you started on the right track to developing an estate plan that works for your family.