The Internal Revenue Service has proposed regulation changes that impact tax consequences of stock gifts or sales to family members in a family business environment. As a result, the valuation discounts that have been a cornerstone to family business succession planning may no longer be available for certain transfers. These changes could go into effect as soon as the next 120 days
Due to the extreme change the IRS proposed legislation will have on the family business planning environment, we asked our general counsel, ShuffieldLowman, to provide an Advisory Notice detailing the impact IRS 2704 would have on planning and potential outcomes.
As always, if you should have any questions, please call us at 407-578-4455 or contact your succession planner.
Proposed Regulations Eliminate Discounts
Bill Lowman, Shuffield Lowman Attorneys and Advisors
The Internal Revenue Service closely scrutinizes transfers between family members of stock, units, and partnership interests (“Stock”) in any corporation, limited liability company, or partnership that is family-owned (a “Family Business”). The Service has announced proposed regulations that eliminates the use of valuation discounts that would otherwise decrease the estate and gift tax value of such Stock when transferred by sale or gift to family members. If any of your clients are considering a gift or sale of Stock in a Family Business, they may want to consider taking action right away to implement the planning.