November 2013

Historically, the gift and estate tax laws have limited the ability of wealthy individuals to transfer their interests in family businesses to their children without suffering potentially severe tax consequences.  However,  many wealthy taxpayers are interested in shifting the appreciation in their business out of their estate and into the hands of their children.

Transfers

Revenue Ruling 2013-26 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates.

The rates are published monthly for purposes of sections 382, 1274, 7520, 7872, and various other sections of the Internal Revenue Code.

Many of us encounter family-owned corporations in which the founder’s children are engaged in the business to varying degrees.  They may even own shares in the corporation.  These situations present difficult estate and succession planning considerations for the family and the business.

Scenarios

It may be that two siblings actively participate in the business.  They

The grant of an equity interest by a partnership to one of its key employees should be approached with great caution because it may result in unintended tax consequences, both for the partnership and the partner.1

Many corporate employers use equity-based compensation in the form of stock or stock options to motivate their employees.