Many family businesses are undergoing or anticipating transitions, prompting the need for trusted advisors more than ever. This session features experts who have deep breadth of experience in helping families manage business transitions and the complexity that comes with them, including new liquidity, helping founders find their next purpose, and m...
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The use of a specific ownership structure to provide for the deduction of investment management fees has evolved since 1941 to most recently in 2018 when guidance was provided by the U.S. Tax Court in determining whether the activities of a family investment management company constitute a trade or business. With a review of the details of tha...
To effectively serve as a trustee, it's crucial to understand your fiduciary duties. Even trustees with the best of intentions can create liability for themselves by being unprepared for the job or by not fully understanding their obligations. Learn more about some of the common mistakes family trustees make that can lead to lawsuits and other...
Serving as a trustee for your family can be a valuable experience for you, while also providing an important service to your family. But before you accept the position, make sure that you understand the role you will play for the family and are willing to accept the responsibilities and liability that come with it.
Ultimately, how well your wealth transfer plan fulfills your legacy and meets the needs of the next—and future—generations depends on whom you name as your trustee(s). This makes your trustee selection one of the most critical aspects of an already complex wealth planning process. To help navigate this selection process, work with a framework built...
“You only sell your company once” is a phrase founder/family-owned business leaders often hear before embarking on a major liquidity event. It demonstrates the enormity of the undertaking to effectively sell a business. Ensuring your company is prepared for a sale is crucial to any exit strategy, and should be considered long before beginning a sal...
Preparing yourself and your family can be one of the most overlooked parts of a business sale and exit strategy. But it goes beyond maximizing tax efficiency and unlocking newfound wealth—it’s a monumental transition filled with emotional considerations. This article outlines key questions and critical areas of considerations for business owners an...
In December of 2017, the U.S. Tax Court decided in the Lender Management, LLC v. Commissioner case that deductions that were part of a taxpayer’s trade or business were deductible under Section 162; however, deductions under Section 212 were suspended through tax year 2025. Following the suspension of the 2-percent miscellaneous itemized deduc...
The decision to sell or continue ownership of a family business is complex. Business owning families who recognize early the importance of both the financial and non-financial considerations of a potential sale are more likely to make good transition decisions.
No matter what stage of the business cycle you are in, you should always have a defined strategy for your business operations and potential exit. For many family business owners, the sale of their business will be the single largest transaction of their lives. Yet many enter this transaction not fully prepared. To ensure you maximize your sale, the...
When done well, a trustee’s service can have a profoundly positive impact on a family; when done poorly, a trustee’s service can create or exacerbate fissures within a family, dissipate family wealth, create personal liability for the trustee, and create a public spectacle that sullies the family’s good name and reputation. For key employees in fam...
The death of a loved one is a difficult and emotional time for a family. There is often additional stress if you are appointed as the executor of the will and trustee of your family’s trusts, especially if the deceased had been the sole manager of substantial family assets and wealth. For an untrained person, it can be a daunting role. For these re...
While many business owners are struggling to find qualified successors, family members oftentimes oppose proposed sales to outsiders because they think they should have the chance to take over the business. Research from Rothstein Kass suggests that advance planning can minimize family squabbles and ensure smoother business transitions.
Single family offices should understand Lender Bagel structures and consider using them if they are not already. Knowledge of this structure has spread like wildfire since the landmark case, Lender Management LLC v. Comm’s. This article equips the reader with an understanding of the core principles of what Lender Bagel structures and how to investi...
If you’re considering a sale of a business, listen in on this 10-minute interview for some valuable potential tax-savings strategies. Attorneys Jason Kohout and Stephanie Derks also discuss income and estate tax planning opportunities, especially for business owners who are in a high income tax state.