The IRS recently proposed new Regulations that, if finalized as written, will eliminate or severely affect, the ability to utilize valuation discounts on the transfer of an interest in a family-controlled entity, regardless of whether such entity operates an active or passive business. Valuations of a transferred family business interest typically take into consideration discounts for lack of control and lack of marketability. These discounts allow donors to transfer interests in family-controlled businesses at a reduced price, thereby allowing the transfer of a greater amount of wealth. Although business owners may continue to gift minority ownership interests, the potential loss of these valuation discounts will reduce the amount that one can transfer free of gift, estate and generation skipping transfer taxes. The Proposed Regulations may not be adopted as written; however, now is the time to consider planning opportunities. Please contact us if you would like to discuss any tax planning opportunities for your family-controlled business.
James H. Brun
Partner
(513) 579-6585
jbrun@kmklaw.com
Alan S. Fershtman
Partner
(513) 579-6961
afershtman@kmklaw.com
Bill Keating, Jr.
Partner
(513) 579-6435
wkeating@kmklaw.com
Margaret G. Kubicki
Of Counsel
(513) 579-6913
mkubicki@kmklaw.com
Claire V. Parrish
Partner
(513) 579-6936
cparrish@kmklaw.com
Joseph P. Rouse
Partner
(513) 579-6417
jrouse@kmklaw.com
Mark E. Sims
Partner
(513) 579-6966
msims@kmklaw.com
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
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