I urge you to use a Certified Tax Specialist. I am not one. The IRC sections for establishing an irrevocable trust look straightforward enough, but there all kinds of traps for the unknowing. You want someone specially trained and who does them often enough to keep up with the latest legal rulings and articles on the subject.
www.calbar.org has a list of Certified Tax Specialists.
Not all irrevocable trusts can own S-corporation shares. Make sure your attorney checks those requirements, too. Failure to comply will automatically and retroactively convert your S-corporation to a C-corporation, with the resulting negligence penalties and interest.
Good luck.
Dana Sack
510-286-2200
Answered on Mar 27th, 2014 at 12:37 AM