June 2021

Reading requirements

New Federal Reporting Requirements For Privately-Owned Companies

The Corporate Transparency Act (“CTA”) provides for the establishment of a beneficial ownership registry within the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”). It requires non-exempt domestic and foreign companies to disclose information regarding their beneficial owners. The CTA’s legislative objectives are to foster greater corporate ownership transparency and to hinder criminals from utilizing […]

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the sun shines on a young plant that sprouts through a pile of coins and bills

INGTrust Wealth Preservation Maximize your ING in 2021 (California Grantors)

If you are expecting to sell an intangible asset such as stock in a company in 2021, you should strongly consider the integration of an INGTrust into your estate, asset protection and succession plans and complete your transaction before June 30, 2021. Three states in the U.S. offer a trust described as an incomplete gift

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the sun shines on a young plant that sprouts through a pile of coins and bills

INGTrust Wealth Preservation Maximize your ING in 2021 Round Two (California Grantors)

Last month, I discussed proposed legislation in California relating to incomplete gift non-grantor trusts (“ING(s)”). If passed into law, the legislation will end certain tax benefits attributable to the use of INGs. My focus last month related to Nevada INGs (“NING(s)”). Many of our clients have NINGs and since my article last month, we are

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Financial Advisory, Corporate Tax Planning or Optimization

Expensing Service and Licensing Fees to Low and No Tax States

A Guide for Success The wave of businesses leaving California is growing. The exodus will increase over the next two years due to contemplated state and federal tax increases. Short of physically moving a business out of California, many business owners are keeping a California location, but opening new businesses outside of California. There are

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Paying bill

Portman-Cardin bill includes IRA Preservation Act

Attorney Aaron Hegji of Lobb & Plewe, LLP, and a director of the Coalition For American Retirement (CFAR) is pleased to announce that legislation prepared by the CFAR is included in the Portman Cardin retirement savings bill (the Retirement Security and Savings Act) introduced by senators Rob Portman, R-Ohio, and Ben Cardin, D-Md. The senators

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Trust

Trustees Responsibility when Trustee has Sole and Absolute Discretion

A trustee is bound by the terms of the trust agreement. The performance of his or her duties, including and especially making distributions to beneficiaries, must strictly comply with the trust terms. However, more and more trusts, especially those utilizing advanced estate, tax, and asset protection planning techniques, provide an independent trustee with sole and

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Tips and tricks

Four tips for business owners facing potential litigation

When your business interests are threatened by the prospect of litigation, you need to know what to do in order to protect your investment. We have seen many companies who failed to realize the impact that litigation has upon a business’s day-to-day operations, resulting in significant harm that is difficult to overcome. We wanted to

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Business plan

Succession Planning: Structuring a Successful Plan With Tax and Non-Tax Considerations

Authored By David Kotik No business should operate without a succession plan in place. The succession plan should have its imprint on the day-to-day operations of the business. Once you have a succession plan in place, the implementation of that plan will integrate itself into the fabric of decision making. Importantly as well, the timing

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housing

New law helps business owners avoid asset seizure by the IRS

Being a small business owner can be at once rewarding and challenging. Having the IRS overseeing financial transactions and facing the possibility of losing assets to IRS seizure only makes matters more difficult. Under what rule does the IRS seize business assets? As a general rule under the Bank Secrecy Act of 1970, banks are

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