Could My Family Benefit from a 家庭有限合伙?

Effective estate planning should address wealth transfer from a practical and cost-effective approach. One estate planning strategy that families with closely held businesses should consider is the family limited partnership.

什么是家庭有限合伙?

A family limited partnership is a partnership agreement that exists between family members who are actively involved in a trade or business. 合伙企业分配收入的权利, 升值, 以及家庭成员之间的控制, 根据家庭的总体目标. Under family partnership rules, the “family business” can include real estate or 投资s.

这种安排是如何达成的?

在最常见的家庭合伙形式下, you would begin by creating general and limited partnership interests in your business. 一旦合伙关系成立, you then gift the limited partnership interests to your children.

通过持有普通合伙权益, you are considered the “general partner” and maintain control over the enterprise. 你的孩子是“有限合伙人”,” and the limited partnership interest lets them share in the ownership of your business as well.

一个合理的所有权转移策略

A family limited partnership enables you to provide your children with an interest in your business while achieving many goals. 第一个, you can gauge whether or not they possess suitable ownership abilities by involving them in the business. 第二个, 它将资产从父母的遗产中移除, 从而降低遗产税的负担, 如果执行得当. 除了, you can transfer the limited partnership interests in increments over time, 这导致了, 有系统的所有权转移. Finally, and perhaps most importantly, there may be immediate income tax benefits.

遗产税节省

利益转移给你的孩子, 包括转让后的所有升值, 当你死后避免被列入你的遗产. Only the value of the taxable gift(s) will be included. This can result in estate tax savings down the road.

杠杆的好处

By giving the partnership interests in increments over time, you can take maximum advantage of the annual gift tax exclusion. The exclusion duobles if you’re married and if each spouse elects to give the maximum amount. 赠与税减免是根据通货膨胀指数制定的.

除了, “minority discounts” — allowable reductions to the value of the gift because it is a minority interest — can lead to greater leverage of the annual exclusion and the unified credit. For instance, you may be able to discount the value of the gift up to 30 percent or more. 然而, 为了使折扣有效, there must be a legitimate business reason for the partnership.

一般, your wish to keep the business in the family is a legitimate reason to set up a partnership agreement — as long as you are joined together for the purpose of enterprise and not just to avoid taxes.

所得税优惠

除了遗产规划的优势, the family limited partnership can result in substantial income tax savings. By including your children as partners and sharing partnership income with them, 总的家庭税可能会减少.

你应该意识到, 然而, that if the income is unearned and the recipient is under age 14, “儿童税”规则将适用.

其他的机会可以为你的家庭服务

除了家庭有限合伙企业, there are other arrangements that can serve family interests:

Family partnerships are arrangements under which each partner must play a role in the management and day-to-day operations of the business. Many of the benefits are similar to that of a limited partnership, but the family members accept more liability and will be more involved in the business. 作为管理合伙人, 然而, you must always receive a minimum income share that is proportional to the value of your services. 除了, minors typically cannot be partners unless there is someone who controls the interest for the minor.

Investment partnerships are partnerships that hold nonbusiness assets such as securities and real estate that are likely to grow in value. Families can base a limited partnership on an 投资 partnership. 在某些情况下, 然而, the arrangement would be considered an 投资 company, and gains and losses will be realized on the transfer of property to the partnership. 正常情况下, 根据合伙规则, gains and losses are not realized when transferred to the partnership.

寻求专业指导

The benefits of the family limited partnership can be significant. But they can only be realized if the arrangement is valid under the requirements of the IRS. There are costs and expenses associated with the creation of these 法律 instruments. Consult a qualified 法律 or tax professional if you think your family could benefit from a family limited partnership.

 

The information in this newsletter is not intended as tax, 法律, 投资, 或退休建议或建议, and it may not be relied on for the ­purpose of ­avoiding any ­federal tax penalties. You are encouraged to seek guidance from an independent tax or 法律 professional. The content is derived from sources believed to be accurate. Neither the information presented nor any opinion expressed constitutes a solicitation for the ­purchase or sale of any security. This material was written and prepared by Broadridge Advisor Solutions. ©2024 Broadridge Financial Solutions, Inc.