There are tax and other benefits to holding a closely-held company or other business interests in trusts, but there are also substantial risks and planning complexity. Holding an operating business in a trust requires reconciling the diversification goals and deliberate speed of fiduciaries with the need for concentrated assets and speed of business managers. Holding a minority stake in a company requires the trustee to effectively assert the governance and other rights of the minority stake. Holding real estate or nontraditional assets involve substantial issues of liquidity and proper fiduciary and income tax administration. This program will provide you with a real world guide placing business interests in a trust.
· Benefits and drawbacks of placing business interests in trusts
· The multifaceted dilemma of operating companies in trusts – concentrated assets, speed, decision-making, etc.
· Counseling clients about the right trust for different asset classes
· Dilemma of concentrated assets and the fiduciary duty to diversify
· Preserving S Corp status or other tax benefits in trust
· Business succession planning for family businesses
· Managing minority stakes in operating companies or assets
· Financial and tax administration traps
Missia H. Vaselaney, Taft, Stettinius & Hollister, LLP – Cleveland
Michael Sneeringer, Porter Wright Morris & Arthur LLP – Naples, Florida