Estate Planning with S Corps
Many closely held businesses are S Corporations, reflecting the historic preference of entrepreneurs for the tax advantages of S Corps. However, those benefits come with many restrictions on ownership and capital structure, all of which pose substantial challenges for estate planners and fiduciaries planning with or managing S Corp stock. This program will provide you a guide to estate planning for S Corp stock, including the lifetime transfer of S Corp stock to trusts, custodial and trust techniques for managing S Corp shares, and post-mortem considerations once a S Corp shareholder dies. The program will discuss S Corps and their interrelationship with the martial deduction and planning for the benefit of children.
- Lifetime transfers of S Corp stock to trusts
- Custodial and trust techniques for managing S Corp shares
- Qualified Subchapter S Trusts & martial deduction trusts qualifying as QSSTs
- The “Electing Small Business Trust” (ESBT)
- Post-mortem considerations on the death of S Corp shareholder
C. Wells Hall, III, is a partner in the Charlotte, North Carolina office of Mayer Brown LLP, where he advises clients on tax aspects of acquisitions, reorganizations, restructuring of business entities, and private equity transactions, including the use of pass-through entities (S corporations, limited liability companies, partnerships and real estate investment trusts). He also represents taxpayers before the Internal Revenue Service and the North Carolina Department of Revenue. Mr. Hall formerly served as chair of the S Corporation Committee of the ABA Tax Section. He is a Fellow of the American College of Tax Counsel and the American College of Trust and Estate Counsel. Mr. Hall received his B.A. from North Carolina State University and his J.D. from Duke University School of Law.
