In one household a quiet and uneventful afternoon ended abruptly with this conversation:
Young son: “Hey, Mom. You know that valuable vase that’s been handed down in our family from generation to generation?”
Mother: “Yes, why?”
Son: “Well this generation just dropped it!”
Many high-net-worth clients have enough wealth to make large current gifts without affecting their current lifestyle. They anticipate leaving the full lifetime exemption amount to heirs at their passing but are tempted to make an untaxed $13,900,000 transfer before the exemption is reduced by 50% on January 1. The larger protected gift could easily save their estate more than $3,000,000 in death taxes down the road.
They don’t need the money, but still hesitate. So where’s the rub. In fact, there may be two rubs: affection and control. The assets transferred, often a family business, are labors of love which the donors want to continue to protect, at least during their lifetime. To follow the analogy, if the kids are gonna drop the valuable vase, they don’t want to see it happen.
A planning alternative that offers the best of both worlds, freeing assets from taxation while keeping control over them, is the Family Limited Liability Company (FLLC).
Here’s how it works:
- Asset depository – An FLLC is formed and houses the assets to be transferred. Again, those assets are usually the ownership interests in an ongoing family business.
- The haves and the have-nots – The FLLC is structured with both voting and non-voting interests. The percentage of the divide is flexible, often as extreme as 1% voting and 99% non-voting.
- Selective gifts – Transfer of only non-voting interests is made to the heirs. If voting interest is transferred it is not enough to lose control of the FLLC.
- Loss of income? – The donor gets no equitable return on the transferred interest, but this can be partially offset by receipt of compensation for managing the FLLC.
- Magnifying the exemption – Because the interest is non-voting, its value can often be discounted for gift purposes, thereby expanding the effectiveness of the exemption amount.
- Even more control? – If the donor doesn’t want to give direct ownership of the non-voting interest to heirs, the transfer can be made to an irrevocable trust for the benefit of the donees.
If an FLLC is a solution then its creation and implementation take time and an attorney, both of which will be in increasingly short supply as the New Year approaches.
Call with questions concerning your client’s FLLC planning or any taxation, business or estate issues that arise in your casework, to Tom Virkler at 706-614-3796 or tom@cpsadvancedmarkets.com.
For what it’s worth: When Gene Johnson lost her sister in 2010, it was left to Gene to clean out her London home where a vase was displayed on a shelf, a dusty souvenir from a trip to the Far East in the 1930s. Experts determined that the antique, now known as the Chinese Jiqingyouyu Reticulated Vase, was a product of the 18th century Qing Dynasty. Its last sale to a private buyer was two years later for $32,800,000.