Britain's new reduction of capital procedure provides a flexible and inexpensive way for family-owned businesses to restructure or return value to shareholders. This report from Withers provides practical examples of how the procedure can be used in paying dividends, demergers, share buy-backs as well as paying up unpaid amounts on shares and disso...
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The Court of Appeals' recent decision in the Robert Gaines-Cooper case does not represent a change in UK residency law, Withers Worldwide notes. Instead, the decision reinforces what has always been good advice for those seeking to lose UK residency: Make a complete break with the UK and keep visits to a bare minimum.
B&M Client Alert governing a New Exit Tax and other "onerous provisions" in expatriation tax rules.
Proper asset allocation and estate planning is often the best gift to children who have neither an interest in, nor propensity for, running the family business. Sale of the family business is usually a once-in-a-lifetime chance to achieve meaningful liquidity, and well-qualified advisors can add much more in transaction value and stress relief tha...
According to research conducted by JPMorgan Private Bank's Advice Lab, almost one in three family-owned businesses has experienced some form of liquidity event over the last 12 years. An outright sale or a merger or initial public offering has major implications for businesses that may have been family-run for generations. The analysis highlight...
This article addresses the complex U.S. tax rules governing cross-border grant-making by private foundations.
A discussion of pre-nuptial, post-nuptial or cohabitation agreements.
In today's world, domestic asset protection trusts can be a useful planning tool. However, under certain circumstances can be subject to intense scrutiny. Holland+Knight defines and outlines the case for domestic asset protection trusts.
This article highlights the fact that most wealthy U.S. families customarily choose individuals rather than trust companies to serve as trustee, even for complex trusts holding very substantial assets and even though a family who can afford it now has the option of creating its own trust. The article also argues that reliance on individual...
Businesses worldwide are increasingly using social media networks to advertise and communicate with potential customers and constituents. Regardless of whether a business is using social media, its employees certainly are. Here are four reasons to establish rules for how employees use social media sites.
This article deals with the legal status of prenuptial agreements under English law.
This paper explores the tax-management strategy of realizing long-term capital gains in a portfolio of equities and quantify how much it can add to after-tax performance. This approach is counter to the more common strategy of deferring the realization of capital gains as long as possible while only realizing capital losses. It also evaluates the a...
Undivided fractional interests in real estate held as tenants-in-common (TIC) may be exchanged for likekind property under Section 1031 of the Internal Revenue Code. The availability of Section 1031 taxdeferred treatment for transfer of TIC ownership interests presents today's investors with expanded investment opportunities but comes with new type...
Investors are well advised to take into account the interest rate environment when considering wealth transfer options. Interest rates are important when establishing trusts, reviewing existing estate plans, and lending money to family members. With interest rates declining, the current rates used to value wealth transfers are now near historic lo...
The Supreme Court recently decided the Knight case (Knight v. Comr., No. 06-1286, 101 AFTR2d ¶2008-380), affirming the Rudkin case, Rudkin v. Comr., 467 F.3d 149 (2nd Cir. 2006), which limits trust deductibility of investment management expenses, effectively increasing the taxes imposed on trusts which use professional investment managers.