Pen Pal Gary Stern, of LHBR Consulting, LLC: Gary practiced law for 34 years. Since his retirement from practicing law, Gary has provided business and wealth planning consulting in the areas of estate planning, asset protection planning, tax planning, series limited liability companies, limited liability companies, corporations, and other business entities, securities, real estate, intellectual property, probate, immigration, business transactions, international business, and contracts. Gary is a graduate of Cornell University and University of Chicago Law School. Gary can be reached by e-mailing to [email protected], or at 224-515-1055.
Effective estate tax planning often involves two competing objectives. On one hand, there is an objective to remove assets from a person’s taxable estate, so that estate tax liability can be reduced on such person’s death. On the other hand, there is an objective to retain the income and principal from a person’s assets, so that such person’s activities are not disrupted during such person’s lifetime.
With the Supreme Court’s decision to stay the “Texas Top Cop Shop December 3” injunction, the Supreme Court’s decision only related to the nationwide injunction issued in the Texas Top Cop Shop case; it did not at all relate to the nationwide injunction issued in the Smith case. As a result, as of January 24, 2025, the general advice remained that reporting companies that had not yet made filings with FinCEN to comply with the BOIR requirement of the CTA should hold off on doing so.
In school, we learn that there are three branches of the United States government – legislative, executive, and judicial. In fact, many commentators believe that there is a fourth branch – the administrative branch. Carved out of the executive branch, the administrative branch includes cabinet and other executive departments and independent agencies.
President-elect Trump has proposed various new specific exemptions from income tax liability. First, he would exempt tips from income tax liability. Second, he would exempt overtime pay from income tax liability. Third, he would exempt Social Security benefits from income tax liability. There is no guarantee that some or any of President-elect Trump’s tax proposals will be enacted into law.
Charitable activities are favored under the Internal Revenue Code. The income of a charitable entity can be subject to favorable income taxation, and transfers to a charitable entity can realize income tax and estate tax deductions. One type of charitable entity is a private foundation. This letter refers to the “private non-operating foundation.”
There are two types of reporting companies – “domestic reporting companies” and “foreign reporting companies.” It is important to remember that reporting companies that were formed or registered to do business in the United States on or before December 31, 2023 are required to comply with applicable “FinCEN” reporting by January 1, 2025 and reporting companies that were formed or registered to do business in the United States during 2024 are required to comply with applicable “FinCEN” reporting within 90 calendar days after receiving notice of such formation or registration.