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Tax Secrets of the Wealthy: Can the right estate plan keep your wealth

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Over the years we have talked to and consulted with hundreds of readers of this column.

Hands down, here are the two most common questions we are asked:

• Is it possible to pass all of my wealth to my family, instead of losing any of it to the IRS?

• Can I keep control of all my assets — including my business — for as long as I live?

Burn the answer — a loud yes! — into your mind. And we mean yes all the time. No matter what kind of assets you own. No matter how much you are worth. And no matter how old you are. But you need the right plan to make it happen. Forget about what your friends or neighbors did. Your plan must be tailored to your specific goals, assets owned and unique facts and circumstances.

Don’t wait. Your plan should be put into action now, whether you are 50 years old or 80. The sooner the better. Procrastination favors the IRS.

Be warned: If your plan is only a will and trust (no matter how perfect), it’s almost certain to become an expensive tax trap. The sad fact is that most estate plans contain only a will and a trust, and when you (and your spouse) pass on, the IRS is guaranteed a big payday. You and your family lose.

For over 35 years this is the short sermon we have been preaching to our clients: Making money, while trying to build after-tax wealth, has always been the first challenge for a family business. Keeping that wealth away from the IRS — legitimately — is probably your biggest challenge.” In a heart beat, over half the wealth it took you a lifetime to accumulate can be robbed by the tax collector.

When you (and your spouse are gone) there are only three places your wealth can go: (1) to your family (heirs); (2) to charity or (3) to the IRS. The simple fact is that a well-conceived plan will enrich your heirs; if you desire, help charity without any cost to you or your heirs; and eliminate the IRS. Also, your estate plan should include a business transfer plan and a retirement plan that will provide the after-tax cash flow needed so you (and your spouse) can maintain your lifestyle.

The right plan can only be achieved if your professionals asks the right questions? Like what are your objectives? For your family? Your business? Your retirement? How can you be assured to have enough after-tax income to maintain your lifestyle for as long as you live? The same for your spouse? Do you want to keep control of your business? How do you treat the kids fairly? Those in the business? Those not in the business?

The type and number of questions vary depending on your type of business, the make-up of your family, your goals (particularly your long-term goals), the type of assets you own, your overall wealth and other factors.

Why so many questions? Because your answers dictate the tax strategies and techniques we must use to beat the IRS over the head with its own rules. Some of the common tax rules, strategies and techniques we use include (1) intentionally defective trusts, (transfer your business to your kids — tax-free); (2) family limited partnerships (protects your investments); (3) nonvoting/voting stock (keep you in control of your business); (4) retirement plan rescues (creates tax-free wealth with your 401(k), IRA or other qualified plans, instead of being double taxed); and (5) charitable-giving plans (give huge amounts to charity without reducing your family’s inheritance). The list goes on and on. If you use the right tax strategies and techniques together with the right professionals (typically a lawyer, insurance consultant and CPA), you can develop a plan to beat the IRS. Every time. Legally.

Remember, the goal of almost every estate plan — usually based on the advice of a well-meaning professional advisor — is to merely reduce your estate taxes. An unacceptable goal. Our goal is to transfer all your wealth — every dime of it — to your family.

Now, gather ‘roun y’all. Let’s take a look at the typical plan (we have done hundreds of them) that can capture all these tax goodies for you, your family, and your business. There are three types of readers that call us for help: the reader who (1) has an estate plan but needs a second opinion, (2) has no plan or (3) has been working on a plan for years and just can’t seem to get if done. Which type are you? Whatever type you are, you are welcome to join us in a tax planning test.

We will create a transfer/estate plan for each reader. We will report back to you (through this column) how we solved their most critical problems and helped them accomplish their specific goals.

If you have an estate tax problem or own all (or a portion ) of a closely held business, you are invited to join the test.

In order to participate, please send the following information to get started:

1. For your business. Your last year-end financial statement (all pages).

2. Personal. A current personal financial statement for you and your spouse.

3. A family tree. Your name and birthday. Same for your spouse, kids and grandchildren.

4. Wills and trusts. Do not send them. Will ask for them later.

Send to Irv Blackman, Estate Plan Test, Blackman Kallick Bartelstein, LLP, 3830 W. Estates Ave. Lincolnwood, Illinois 60712. (If you have a question call me 847-674-5295).

What’s our job? To create the right plan for you, your family and your business, as described in this article, and to coordinate and work with your professionals.

Okay, that’s our plan to help you do your tax plan, Let’s hear from you.

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Irv Blackman is a certified public accountant who lives part-time on Marco Island and specializes in estate planning, business succession and asset protection. E-mail him at wealthy@blackmankallick.com or call 417-9732. His Web site is http://www.taxsecretsofthewealthy.com.

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