It is not uncommon for a related or “friendly” party to desire to make a loan at a lower interest rate than what is available in an arms-length transaction on the open market. This is often the case when loans are made between relatives, business owners and their businesses, and employers and their employees. However, if the lender does not charge enough interest, the transaction may give rise to unforeseen and unintended tax liabilities.
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Family office investment vehicles often are organized as limited partnerships or LLCs treated as partnerships for federal income tax purposes. Typically, the manager of such a partnership receives an interest in the partnership’s profits (a carried interest) in connection with the management services, in addition to management fees paid by the partnership. With the new Tax Cuts and Jobs Act, the tax treatment of such carried interests and management fees have changed.
There has been a lot of speculation and confusion about the impacts of the most recent tax reform, with many asking if they have to pay more taxes. Unfortunately, the answer is, “it depends.” With this in mind, the tax impact is demonstrated by looking at potentially real scenarios for five different types of taxpayers: trust beneficiaries, unretired company executive, company shareholder, family business owner, and family business employees.
For the majority of Americans, the tax overhaul has altered or reduced many of the financial incentives for making charitable donations. But charitable giving is rarely driven solely by the desire to trim tax bills. In fact, most individuals and families give for a variety of reasons and support organizations in whose missions they believe. Still, 18 percent of donors primarily make gifts to receive tax benefits. As this new tax era ushers in, it is an ideal time to examine why you give as well as the vehicles you use to give.
Words committed to paper, stories shared in print or video, and family histories portrayed in a personal documentary can contribute to your legacy. But how can you be confident the planning strategies used in estate and trust plans, as well as the fiduciary appointments made to carry them out, accurately capture your legacy goals and objectives?
Cyber risk has become a major potential loss exposure for almost any company. As with any other exposure, directors should confirm that reasonable steps are taken to identify, mitigate, respond to, and recover from third parties relating to cyber-related problems when they arise.
The new tax laws have answered many of the concerns and wishes of the business community—reducing corporate tax rates, providing business deductions, and fine tuning business-related sections of the tax code. They will likely create opportunities, along with some challenges, over the coming months and years which may require businesses to make decisions in a number of different areas.
2018 FOX Private Family Trust Company WorkshopFebruary 21-22, 2018Fort Lauderdale, FLVideo #1: The Highest and Best Use of the Private Trust CompanyPresenter:Sara Hamilton, Founder and CEO, Family Office Exchange
2018 FOX Private Family Trust Company WorkshopFebruary 21-22, 2018Fort Lauderdale, FLVideo #2:Transformative PFTC Governance StructuresPresenters:Sara Hamilton, Founder and CEO, Family Office ExchangeRyan M. Harding, President, Garden Trust Company
2018 FOX Private Family Trust Company WorkshopFebruary 21-22, 2018Fort Lauderdale, FLVideo #3:PFTCs in Action - PanelPanelists:Bruce Betters, CEO and Chief Investment Officer, Marshall Street CapitalRyan M. Harding, President, Garden Trust CompanyKim Kusilek, Chief Operating Officer, HRK Group, Inc. Moderator:Mariann Mihailidis, Managing Director, Councils, Family Office Exchange