Objectives of an Estate and Business Ownership Structure:
- Maintain ownership and control of assets in the hands of desired family members
- Create a family investment plan
- Minimize and avoid estate and gift tax
- Minimize income taxes
- Minimize loss of assets to risk arising from business operations
- Protect assets
- Facilitate family budgeting (a.k.a. protect assets from family / excessive spending)
- Pool assets to meet investment manager minimums and minimize management fees
- Pool assets to allocate among asset classes
- Allow transfer of membership interests in entities that own family assets rather than the assets themselves.
- Irrevocable Trusts
- Limited Liability Companies (LLCs)
- S Corporations
- C Corporations
The backbone of a family ownership structure is the use of trust and business entities. Of these entities, irrevocable trusts and limited liability companies are the most effective to protect assets and minimize taxes. Assets owned by an irrevocable trust are generally not included in a beneficiary’s estate and are effective to keep assets within the family. Assets owned by a limited liability company are also effective to control and protect assets.