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Moore Colson Newsletter - January / February  2008

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America’s Top 25 Accounting Firms

by Inside Public Accounting


FLP red flags

The IRS looks at all the facts and circumstances in determining whether a family limited partnership (FLP) is legitimate, but there are several situations that may catch its attention, including those where:

  • The transferor is in poor health,
  • The transferor contributes substantially all of his or her assets to the FLP, including homes or other personal assets, without retaining sufficient funds to pay for living expenses,
  • The FLP makes disproportionate distributions to the transferor or his or her estate to pay living expenses or estate taxes,
  • The parties fail to follow partnership formalities, such as transferring legal title to all property to the FLP and keeping proper books and records,
  • There’s little or no change in investment or business strategies after assets are transferred to the FLP,
  • The parties commingle partnership and personal assets, and
  • Younger family members aren’t actively involved in FLP matters and don’t understand the plan or receive advice from independent counsel or valuation experts.


     




 

 
 

Tax Tips

News items briefly discussed are the IRS’s random audit program, lodging expenses, out-of-state purchases, and what to do when the IRS or a state taxing authority informs a taxpayer of a discrepancy or mistake in a tax return.

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5 post-year-end tax strategies to reduce your 2007 tax bill

Now that you’ve “closed the books” on the 2007 tax year, you may think you’re finished tax planning for it. But there’s still time for you to implement these five post-year-end strategies that can reduce your 2007 tax bill. This article suggests making an IRA contribution, checking receipts, simplifying your retirement plan, reviewing losses and taking the expensing election.

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Bulletproofing your FLP

During the last decade, family limited partnerships (FLPs) have come under fire from the IRS. That doesn’t mean an FLP has lost any of its muscle as an estate- and succession-planning tool. What it does mean is that the IRS may attempt to shoot down an FLP it believes is nothing more than a tax-avoidance scheme. This article explores how to create an FLP that’s bulletproof — or at least bullet resistant.

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Seal your exit strategy with an ESOP

If you own a successful business, chances are a substantial portion of your net worth is tied up in it. Even if you plan to stay actively involved in the company for many years, it’s important to have an exit strategy that addresses when to convert your business interest into cash so you can use it to diversify your investments. Designing an exit strategy that meets your objectives can be challenging, especially if your business is closely held or the company’s stock is thinly traded. How do you cash out without selling the business to an outsider or giving up control? This article advises business owners to consider an Employee Stock Ownership Plan (ESOP), which creates a market for your stock and offers extraordinary tax savings and other benefits to your company and its owners and employees.

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