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Tax and Financial Planning for the Closely Held Family Business

Gary A. Zwick and James J. Jurinski

Tax and Financial Planning for the Closely Held Family Business serves as a manual to help business advisers devise strategies for clients dealing with family issues. Guiding family businesses through the complex maze of organizational, tax, financial, governance, estate planning, and personal family issues is a complex, time-consuming, difficult, and sometimes emotional process. This book focuses not only on identifying the problems family businesses face, but on devising solutions and planning opportunities for both family businesses and their owners. Each chapter of this book contains creative planning opportunities that advisers can suggest and help implement in order to solve real problems in the family business.
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Chapter 15: NEGOTIATING THE TAX CODE’S RELATED-PARTY RULES

Gary A. Zwick and James J. Jurinski

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The Internal revenue code has a dizzying array of related party rules designed to prevent family members and other related parties from manipulating the tax code in order to gain an advantage not available to unrelated parties. This chapter explores the rules that prohibit these manipulations and also create traps for the unwary family owners and closely held businesses. This includes the denial of losses between related parties, the denial of the accrual of expenses between related businesses or businesses and their owners and family, the resale of property originally sold to a related party soon after the original sale, corporate redemptions avoiding dividend treatment where related parties do not give up a meaningful amount of stock or control and rules preventing valuation manipulations in the transfer tax area.

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