Strategies for limited partnerships and S corporations to minimize self-employment tax and net investment income tax following a 2023 tax court decision.
Business Planning PODCASTS
Business owners must carefully plan for succession, taxes and the forever-changing economic landscape. Be aware of the trust and estate impacts from the Fellows of The American College of Trust and Estate Counsel.
Podcast Topics
- ACTEC Capital Letters
- ACTEC Guidance & Comments
- Art & Alternative Assets
- Business Planning
- Charitable Planning
- Diversity, Equity & Inclusivity
- Family Law
- General Estate Planning
- International T&E
- IRS/ Tax Guidance
- Pandemic Related Issues
- T&E Administration
- T&E Litigation
- Technology Recommendations
- Uniform Law, Multi-State Issues & Laws
The Latest Business Planning Podcast
FTC’s Ban on Noncompete Agreements
An attorney discusses the April 23rd, 2024, Federal Trade Commission (FTC) ruling on noncompete agreements and how to advise business owners and clients.
The New Normal for Charitable Tax Planning
Exploring crucial aspects of charitable tax planning: contemporaneous written acknowledgments, qualified appraisals, and anticipatory assignment of income.
Conflicts of Interest in T&E Litigation
Exploring conflicts of interest in trust and estate litigation, from joint representations to multi-generational complexities, navigating ethical challenges.
Steps a Lawyer Can Take to Identify, Understand, and Deal With a Client With Diminishing Capacity
Exploring legal responsibilities in identifying and managing client diminishing capacity, from cognitive decline to ethical considerations in legal practice.
The Hoensheid Case and the Assignment of Business Income for a Sale
A review of the Tax Court’s decision In the Hoensheild case on how a business’s income assignment may be treated during the sale of a company and legal nuances.
Surprising Tax on Distributions From a Partnership
Explanation of the Tax Court’s ruling in Clark Raymond & Co. v. Comm’r and their book of business distributions after the termination of a partnership.
The Dangers of Deferring Estate Tax
Explore the risks of deferring estate tax, including secret IRS liens, credit implications, and alternatives with insights from ACTEC experts.
QSBS Planning and Potential Pitfalls
A legal expert in QSBS, Qualified Small Business Stock, explains the planning opportunities, what advisors need to know, redemption, and adding it to an estate.
Patagonia Purpose Trusts
The founder of Patagonia clothing transferred $3B of stock to a Purpose Trust. What is a Purpose Trust and how does it meet Patagonia’s corporate objectives?
Tips for Joint Representation of Spouses (Part 2 of 2)
Podcast two of joint representation offers four more tips for lawyers and the red flags to watch out for as they ensure both spouses are represented equally.
Tips for Joint Representation of Spouses: Engagement Letters (Pt. 1 of 2)
Four tips practitioners need to keep in mind when providing joint representation to spouses and where to find sample attorney engagement letters.
Relief for S Corporation Mishaps
Expert tax advice on the relief provided in IRS Revenue Rulings for S Corporation to address mistakes and mess-ups in tax filing or ownership restrictions.
The Separate Shares Rules and Their Nuances
An explanation of how and when separate share rules and the nuances involved with Income in Respect to the Decedent, IRD, and S Corporation stock.
Corporate Transparency: US Joins the Rest of The World
Update on Corporate Transparency Act final regulations: experts explain requirements by the reporting company, beneficial owner, and applicants.
Considerations in the Possible Liquidation of a Closely Held Entity and Other Alternatives (Pt. 4 of 4)
The final part of the Closely Held Entities series explores potential liquidation, including audit, valuation and tax issues, and where it may make sense not to liquidate.
The Administration of a Closely Held Entity (Pt. 3 of 4)
In part 3 of Closely Held Entities, estate planners examine critical issues as well as discuss conducting a lifetime stress test for those entities.
Formation of a Closely Held Entity (Part 2 of 4)
With part 2 of the Closely Held Entities, ACTEC’s trust and estate experts dig a bit deeper into issues of the formation of LLCs and limited partnerships.
An Illuminating Look at Closely Held Entities: Series Overview (Pt. 1 of 4)
Trust and estate experts introduce a 4-part podcast series on the main phases of the closely held entity: formation, administration, and possible liquidation.
Moving Your Firm to the Cloud
Lawyers share tips for planning and successfully moving your firm’s data and software to a cloud solution. Understand the benefits and risks in this podcast.
Supporting and Mentoring Female Estate Planning Attorneys
An experienced mentor and estate planning attorney offer tips on work-life balance, mentorship, and supporting women in trust and estate law.
Work-Life Balance: Recommendations for Attorneys
An attorney shares his recommendations for work-life balance and tips for setting boundaries, reducing stress, and setting an example for younger employees.
ACTEC’s Comments on Section 2053 – Proposed Estate Tax Regulations
ACTEC comments on proposed regulations under IRS Code Section 2053, and the effects on estates seeking to deduct funeral and administrative expenses and loans.
The Corporate Transparency Act: The Clock Has Started
Learn what estate planners need to know about reporting requirements of the Corporate Transparency Act from FinCEN’s final rules issued on September 29, 2022.
The Intersection of S Corps., ESBTs, California Tax and Beer
When it comes to trust planning, ESBTs, and S Corps, sometimes you can do everything right and still be subject to California Entity Tax.
An Introduction to the Corporate Transparency Act (CTA)
An overview of how wealth planners and T&E practitioners can comply with the proposed anti-money laundering rules of the Corporate Transparency Act.
Understanding Rights of Publicity or Name, Image, Likeness (NIL)
An overview of publicity rights, property rights, name, image, likeness (NIL) and how they differ by states.
Estate Planning for Principals of Private Equity and Hedge Funds
Recommendations for what principals of investment strategies and what to keep in mind regarding carried interest of private equity and hedge funds.
Understanding Serious Mistakes and Planning Implications in the Smaldino Tax Court Case
Estate lawyers discuss the Smaldino Tax Court ruling, T.C. Memo 2021-127, and the mistakes made in the transactions, as well as the estate planning implications.
Spousal Support Provisions in Premarital Agreements
An explanation and examples of spousal support in premarital agreements, especially helpful in states that litigate fault in divorce and tie it to alimony.
Closely Held Business, Tiered Entities and Proposed Revisions to Section 6166
ACTEC proposes a major update to a 40-year-old IRS Code 6166 that provides estate tax deferral for family businesses but has aged poorly.
Don’t Guess and Make a Mess with QSBS
Expert discusses proposed legislation that retroactively takes aim at the tax benefits of QSBS and offers estate planning suggestions to prepare.
Estate Planning for Special Purpose Acquisition Company Founders
Insights into Special Purpose Acquisition Company, SPAC, estate planning opportunities for founders, their capital structures, valuation and more.
Lessons From the Tax Court Decision in the Estate of Michael Jackson
Understanding the tax court’s decision in the Estate of Michael Jackson and postmortem right of publicity.
Migrating a Law Firm’s Software and Data to the Cloud
Practical advice from a tech-savvy lawyer for law firms migrating software and data to a cloud server.
Non-Fungible Tokens: What Every Estate Planner Needs to Know
An overview of NFTs, non-fungible tokens, how they work and what do estate planning professionals need to know.
Modernizing Section 6166
“Modernizing Section 6166,” that’s the subject of today’s ACTEC Trust and Estate Talk. Transcript/Show Notes This is Stacy Singer, an ACTEC Fellow from Chicago. ACTEC’s Tax Policy Study Committee has submitted to Congress a proposal regarding revision to Internal...
An Update of Qualified Opportunity Funds and Zones
Summary of IRS guidance issued due to COVID-19, Notice 2021-10, to qualified opportunity funds investors and qualified opportunity fund zones.
Defined Value Purchase Agreements
Advice to help your business clients transfer their business interests using a defined purchase agreement.
New Corporate Transparency Act
Important takeaways of what lawyers and estate planners need to know about the Corporate Transparency Act, CTA.
Biometric Recognition Cases
Learn about the latest legal developments with regard to the Biometric Information Privacy Act, biometric recognition and an individual’s personal privacy.
ACTEC Comments on Treasury’s Proposed Regulations Under Section 1061
An overview of comments ACTEC submitted to Treasury on 10/5/20 issues regarding proposed regulations under IRS Code Section 1061.
Family Office Investment Partnerships
An estate planning expert explains the potential business planning issues when giving a family office an interest in an investment partnership it manages.
Pending Transfer Tax Legislation in an Election Year
Unique insight into possible estate and gift tax legislation, transfer tax legislation, during and following the 2020 election year.
Estate Planning Strategies in the Pandemic
2020 estate planning strategies including the gift tax annual exclusion, IRS code 2503(e), low interest loans to family, SLATs and CLTs.
Utilization of Section 7872
A deep dive into IRS Code Section 7872 and how to utilize the code in intrafamily loans and split-dollar loans.
The Uses and Abuses of Charitable LLCs
An overview of how Charitable LLCs can be used legitimately and possibly abused when pushed too far.
Estate Planning for Entertainment Clients
Discussion is aimed at entertainment industry audience regarding issues related to their assets and rights, such as name/likeness rights and house trusts.
Lending and Estate Planning
Estate planning lending techniques including a Graegin loan, GRAT, IDGT, and life insurance premium financing.
Autonomy in Estate Planning
Experts discuss how to build autonomy in estate planning with next-generation beneficiaries through trust, purpose and opportunity grants.
Looking Back at Our Most Popular Podcasts | 100th Special
Balancing independence of retirees, the SECURE Act and other 2020 estate planning hot topics are discussed in this special 100th ACTEC Trust and Estate Talk podcast.
Alternative Investments: An Investment Dream – A Planning Nightmare
Experts explain the characteristics of alternative investments, the risks associated with them, and how to identify the estate planning risks.
Intrafamily Business Sales and Loans
What to keep in mind when dealing with intrafamily business transactions, sales, and loans to avoid the scrutiny they receive from the IRS and the courts.
Business Entity Income Tax: Regulatory Rigidity Versus Flexibility
An explanation of the rigidity and flexibility of different business entities: C corporations, S corporations, partnerships and LLCs by tax experts.
S Corporation Death Traps
What happens when the principal shareholder of an S corporation dies? Solutions are discussed by estate planning experts.
Self-Settled Spendthrift Trusts
Understand how to minimize the risks and avoid fraudulent transfer rulings with creating self-settled spendthrift trusts.
Qualified Opportunity Funds and Opportunity Zones
A deep dive into the benefits and concerns of Qualified Opportunity Funds and Opportunity Zones proposed regulations.
Investment in UK Real Estate and Protected Settlement Update
Update on UK tax treatment of offshore income gains arising in protected settlements and how investing in UK real estate impacts US citizens.
The New Rules of Professional Conduct for Lawyers
A discussion of the ABA’s Model Rules of Professional Conduct surrounding scope of representation, communication, confidentiality, and conflict of interest.
Qualified Opportunity Funds and Opportunity Zones
An explanation of how Qualified Opportunity Funds and Opportunity Zones work and some of the intricacies surrounding them as of March 2019.
Introducing a Business Consultant to a Client Family
First, we want to tell everybody what we mean by consultant. We are really focusing on individuals who help on the soft side, the personal side.
Responsible Investing for the Modern Fiduciary
How does sustainable and responsible investing intersect with fiduciary duty? May a trustee consider environmental, social, and governance, ESG, factors?
Follow Up on the 2017 Tax Cuts and Jobs Act
Congress enacted the Tax Cuts and Jobs Act of 2017 which doubled the estate, gift, and generation skipping transfer tax exemption. Hear more about possible follow up legislation.
Section 199A and the 20% Deduction for Qualified Business Income
Discussion regarding Department of Treasury and the Internal Revenue Service’s proposed regulations under Section 199A regarding 20% deduction for qualified business income.
How to Start the Formation of a Business Entity
A discussion of tax considerations when forming a business. Learn more about S corp, C corp, LLC, LLP, and tax reform in this podcast.
How to Sell a Law Practice
A discussion about how to comply with state bar rules, value the practice, and steps for selling a law practice.
Ethical Considerations in Representing Clients in Connection With Family Businesses
What are the ethical legal considerations when representing a family business? Tips on how to avoid conflict and proper estate representation.
Special Industry Concerns as they Relate to Estate Planning for Family Businesses
Franchisees, dealerships, distributorships, and particularly how third-party interests can impact estate planning for a family business.
Owner Control, Operations, and Shareholder Agreements
Understanding the importance of estate planning documents, shareholder and buy-sell agreements in family and owner-controlled businesses.
Best Practices for the Governance, Operation, and Management of a Business Entity
Understanding the legal best practices for governance, operation, and management of closely-held and family businesses as discussed by expert.
The New Partnership Audit Rules and Why They Are So Important for Estate Planners
New partnership audit rules began in 2018 that have procedural and substantive effects. Learn more from ACTEC Fellows Steve Gorin and James Lee.
What’s in Your Creditor Protection Toolbox for Clients?
There are many tools available to planners to help them achieve client creditors’ protection objectives without the need for a self-settled asset protection trust. Hear ACTEC Fellows discuss asset-protection strategies such as Tenancy by the Entirety, asset protection trusts, discretionary trusts, and more.