“Individuals and businesses in high tax jurisdictions have been expressing unprecedented interest in relocating to states with more manageable tax regimes. This is especially the case with business owners looking to sell their businesses. But whether this trend rises to the level of an “exodus”—as many characterize it—is up for debate. The impetus for moving typically runs deeper than just taxes, though taxes often are the proverbial final straw. This article analyzes tax issues individuals and businesses should consider when evaluating whether to relocate from California or New York.”
All of us are use to face-to-face meetings. We have always believed that they are essential. Now, a year into the pandemic, I wonder what we think now? An interesting Op-Ed in today’s NY Times.
“How many of those trips would have been unnecessary if I’d only Zoomed? My estimate runs somewhere between most and all. Aviation is a modern miracle; it is also expensive, annoying and environmentally costly. Now that videoconferencing has been shown to be an acceptable way to get work done, there’s no reason to quit it when the virus is gone. For years, it has been a truism that face-to-face meetings are far better than videoconferencing, for obvious reasons. They foster deeper relationships and perhaps better group decision-making. “I grew up in a sales culture that said, ‘You want to close a deal, you go get in front of the client,’” said Darren Marble, an entrepreneur based in Los Angeles who used to travel to New York every other week. When the pandemic hit, he didn’t know how he’d do business. “Working at home was antagonistic to everything I’d learned over my career,” he said. But in the Zoom era, everything worked out. In fact, Marble told me, 2020 was a “breakout year”; his firm, Crush Capital, recently raised more than $3 million from over 30 investors, all through Zoom. “Rapport is overrated,” Marble said.”
Tales from two sons whose fathers died without a succession plan.
“Financial advisors worth their fees will always discuss the need for succession plans with clients who own businesses. But that doesn’t mean business owners will listen….People just don’t want to do it.”
“The novel coronavirus has led many people – trustees, trust beneficiaries and advisors alike – to relocate their primary workplace or residency for the time being, sometimes across state lines. An irrevocable trust’s situs, or place of administration, may be impacted as this migration continues through the pandemic and likely into the future. The results may be intentional or inadvertent, with each having its own benefits and risks that should be evaluated both opportunistically and out of an abundance of caution.”
“In the absence of life insurance, options for fiduciaries to generate needed liquidity for estate taxes and expenses may be limited, creating additional hurdles for estate administration and post-mortem planning.”
“In business succession planning, a §6166 deferral election may provide a powerful post-mortem planning tool to help minimize the initial strain on the estate and prevent a forced sale of the estate’s business interest. However, the election’s complex administrative and compliance requirements and the potential for payment acceleration make it an insufficient substitute for lifetime succession planning.”
“Sample cases targeting trustees vividly illustrate unique fiduciary challenges in terms of trust administration and asset management, including for irrevocable life insurance trusts (“ILITs”). The growing complexity of life insurance products and the potential for increased gifts in the next several years can make ILIT administration far more complicated than anticipated, particularly for non-professional trustees.”
“Buy-sell arrangements (“BSAs”) address how the business or other business owners can “buy-out” an owner’s interests after a specified triggering event, such as death. To be effective, the terms and structure of a BSA must be tailored to the unique needs of each business and business owner; there is no “one size fits all” form. BSAs also should take a comprehensive approach to buy-outs, addressing not just an owner’s death, but also disability, divorce, and bankruptcy, among other events. Business valuation and buy-out funding are also critical to a BSA’s success.”
“In the spirit of the IRS always gets theirs, a continuing trend, executors who pay general creditors or distribute property to beneficiaries before paying federal claims can be personally liable for any unpaid estate taxes.”