Select a section below to view the many different articles, books white papers and newsletters released by the attorneys at Klueger & Stein, LLP.
The following is an archive of our firm's newsletters. These newsletters are published a few times each year, and cover various substantive asset protection and tax planning topics of current interest to our clients and colleagues.
Everyone knows how to draft a partnership or LLC agreement. At least that is the sense one gets from talking to lawyers. Unfortunately, many attorneys are lulled into a false sense of security by the wonderful forms that everyone has access to. When copies of LP and LLC agreements became available on EDGAR online, every attorney received access to the documents drafted by the big law firms.
On May 29 the Governor of Nevada approved Nevada Senate Bill 350 which creates a new type of limited liability companies and limited partnerships. For simplicity, we will focus on the LLCs only.
Last time we discussed the new Voluntary Disclosure program rolled out by the Treasury beginning of April and expiring on September 22, 2009. The goal of this program is to bring into the fold undisclosed foreign bank accounts and with them, a lot of tax revenue. The voluntary disclosure program is confiscatory and will be a tough pill to swallow for many taxpayers with undisclosed accounts.
Several years ago the Justice Department subpoenaed names of Americans who had Visa and MasterCard accounts with offshore banks. The IRS then offered these taxpayers a choice, come forward voluntarily and we will waive criminal prosecution and some monetary penalties, or wait until we get to you and then take the risk of criminal penalties.
We spend so much time dealing with the technicalities and the nitty-gritty of Asset Protection that sometimes we lose sight of the forest for the trees. Every now and then it helps to step back and review some basic principles.
Investors who recently learned that their investments with Bernard Madoff are all but worthless may soon find that this is only the beginning. They may soon learn that they will be asked to return any distributions they received from Madoff in prior months or years. Whether some of these investors will be required to pony up may depend on where they live or what their assets are.
It all started in July of 2007. The banks stopped lending and asked for collateral increases. Mortgage brokers and smaller lenders sought the safe haven of asset protection. From small local operations to national, publicly traded companies, we were representing dozens upon dozens of brokers, lenders and financiers. Back then no one could yet foresee what was to come a year later.
Over the past few years we have managed to build our law firm into the largest asset protection practice on the West Coast. What is the secret of our success? There is no secret. It has been built on three simple tenets…
ESOPs (employee stock ownership plans) have been around for over 30 years, with S corporation ESOPs since 1998. Many of us have heard of them, yawned, and changed the channel. So, in a couple of paragraphs, here is everything you need to know to sound intelligent at parties populated by tax geeks.
Foreign bank accounts have always been an important consideration for wealthy Americans. Whether the objective is privacy, tax planning, asset protection, currency hedging or broader investment choices, a foreign bank account can accomplish some or all of these goals.
The universe of offshore tax planning and asset protection is large and complex. There are no "magic bullet" structures; instead there is a myriad of choices. The hallmark of a savvy practitioner is not only knowing of all the available options, but also knowing when to use which option for a particular client. Swiss annuities should be considered by all practitioners looking to confer significant tax and asset protection benefits on their clients.
The question of California registration comes up often when foreign limited liability companies are used as holding companies for California legal entities, or own passive assets in California like bank accounts and non-income producing real estate. In publication 3556, and in practice, the FTB has adopted a position that virtually every foreign limited liability company, especially one with a California resident manager or managing members should register with California and pay California taxes. The FTB, again, is wrong.
Dr. Mehta always encouraged his children to be entrepreneurial. So when his son undertook his first real estate development project, Dr. Mehta helped him by personally guaranteeing $1 million in loans.
As the Year Winds Down, Clients Finally Look to "Plan." There is a commonality shared by all tax practitioners - procrastinating clients. If we are fortunate, the client call will come in at 3 p.m. on the day a transaction is set to close. In many cases, the call comes in after the transaction has been completed, some time next tax year. What is a tax practitioner to do?
We often preach about converting existing corporations to limited liability companies, both for tax and non-tax reasons. If the conversion is effected for tax planning reasons, it generally results in a liquidation of the corporation and the contribution of the corporate assets to a limited liability company taxed as either a disregarded entity or a partnership.
Welcome to the introductory issue of our e-mail newsletter! Our newsletters aim to educate you on the subjects of our expertise: asset protection, tax law and business entities. These newsletters will endeavor to introduce you to various advanced planning strategies and will update you on new cases and developments. From time to time we will share with you some of our recent client stories and victories. We hope you will find these monthly newsletters interesting and useful.
Mr. Stein is one of California's best known attorneys, teaching dozens of legal seminars each year on the subjects of asset protection and...
Mr. Klueger is one of the very few private attorneys in America who has argued a tax case before the United States Supreme Court...
If you really want to learn about asset protection planning, visit our publications page or click below to view podcasts of recent seminars. Podcasts of the 1-hour presentation are audio only. The 3-hour presentation is available in video or audio only formats.
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