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Family Limited Partnerships in Asset Protection Plans
Family-level partnerships can provide a strong protective layer between your assets and creditors. Once you have established FLP, creditors looking for assets in the business are very difficult. If the creditor is judged, then there is a specific court decision that must be made to try to get a share of the profits from the partnership. Even if the creditor receives a payment order, it does not guarantee that the creditor will repay any amount of the debt, but instead places the creditor as the recipient of the income, whether the profits are recognized. Or not. Money is not distributed to creditors, creditors have to pay income tax.
FLP is one of the most effective tools for protecting assets. It reduces property taxes and income, gives the ability to manage assets while simultaneously denying creditors access to assets.
General partners have most of the control, while limited partners have little or no control. The law denies the creditors’ right to receive interest in the partnership. FLP’s protects your property from lawsuits and helps you maintain control over your assets. FLP is used to protect real estate, stocks and bonds, cash, jewelry, furniture and appliances, and other personal and business assets. FLP is a tax neutral entity. Unlike corporations, you can transfer assets in and out of a family limited partnership freely without having to worry about tax implications.
Creating a FLP
The first step to implement is to create the right FLP based on the needs of the client. The partnership agreement must be properly drafted and the ownership determined. Assets must be legally transferred to the FLP. Once this is done, your property is protected. The FLP must be submitted to the appropriate government official, usually the person in charge of the corporation. Check with your state corporation to determine the requirements and fees required for proper filing.
How it works
If a judgment is obtained, the creditor must obtain an indictment against the partnership from the court of competent jurisdiction. The billing order entitles the creditor to the debtor portion of the distribution from FLP. However, if there is no distribution, the creditor does not receive the money. The general partner, which is FLP’s managing partner, still controls any distribution. If the partnership has a profit that is not paid to the partner, the creditor receives the same K-1 tax form as each partner. The amount listed on this tax form must be included in the creditor’s income tax return and pay any taxes to the IRS on the amount not received. Due to this, few creditors have ever filed an order. The partnership agreement is confidential and has not been submitted to any government agency. Limited partners are not listed in any government documents, so full anonymity is provided.
Implementation and design
Family Limited Partnership (“FLP”) is a partnership created by family members to help preserve, manage, and increase family wealth. Partnerships are usually managed by family corporations to ensure the possibility of a partnership for future generations. FLPs can provide solutions to many of the basic challenges that families face, such as:
Proper management of family assets during the life of a senior family member
• Invest in full value as the assets are transferred to the heirs
Current income tax deduction
• Reduction of taxable value of family property
• Assist in giving gifts to family members
• Protection of family property from unsecured claims by creditors
In FLP, a family property is contributed to a partnership in exchange for a limited partnership entity. The division of entities is usually among family members, limited partners, and one or more corporate LLCs or trustees with the largest number of common partner entities. The general partner is the management and the limited partner has no say in the operation of the business. The partnership will pay a general partnership fee for the services rendered. Those fees are deducted by the partnership and are revenue for the general partner. All normal business expenses of the partnership are permissible under IRS regulations, as in any business.
FLP Income Tax Benefits
When properly organized and with the consent of the general partner or as determined by the partnership agreement, any entity held by a limited partner may be given a gift to a family member purchased in trust. Will note or donate to charity in any desired fashion. If donated to a charity, donors will receive an income tax deduction for a fair market value of the gift. Keep in mind that not all options are necessary or beneficial for a limited partner, so proper advice from an expert in this field may be needed.
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