QUESTION

How do I gift them the LLC interest and what kind of paperwork / forms do I have to fill out?

Asked on May 15th, 2013 on Estate Planning - California
More details to this question:
I have 3 young kids (all minors), and would like to gift them each an interest in my LLC using the annual gift exclusion. Do I need to form a trust in order to gift LLC interests to my minor kids?
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5 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You are advised to obtain legal counsel to assist you in the transfer of interests in the LLC, as gifts to you minor children; such a transfer can have long term effects, particularly if you want to sell the LLC; minors in that event would require petition for guardianship of the children to act on their behalf in the event of you want to sell the LLC. An ounce of prevention is worth a pound of cure.
Answered on May 17th, 2013 at 12:57 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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You don't need to, but it is a very good idea. Likely, you would want to set up 3 virtually identical trusts for them. If you give it to them outright, and not to a guardian, custodian or trustee, then you're stuck with co-owners who can't so much as vote until they're 18. I don't know if custodianship under California Uniform Transfers to Minors Act works for a LLC; if it does, that might be an attractive and less expensive option. Guardianship would be more expensive and less flexible than a trust. You likely will need an appraisal of the interests being given. I would recommend that you either give slightly over the annual exclusion amount, or give one or more a bit of cash, so that you will be required to file a gift tax return. That way you can start the statute of limitations period running and be sure that your plan is actually working.
Answered on May 17th, 2013 at 12:57 PM

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Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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You don't need to form a trust, but you do need to see an estate planning attorney to explore all your options and how you give a dollar amount gift in a property without an appraised agreed value.
Answered on May 17th, 2013 at 2:46 AM

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Employment Law Attorney serving Dana Point, CA at Mains Law Office
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A minor can be a limited partner in the LLC. There is nothing that precludes that. You need to make sure that you do the paperwork properly and account for it with your CPA properly. You do not have to form a Trust to do this but you do need to follow your LLC's charter agreement to do it properly. You can also form a Family Limited Partnership and have the Partnership be a Limited Partner in the LLC and have the minors be part of the FLP. It is a straightforward procedure for an attorney who knows how to do this and I would suggest speaking with one to make sure you do it correctly especially if real property is involved in the LLC.
Answered on May 17th, 2013 at 2:37 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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You cannot gift directly to minors an interest in an LLC. You will need to put it in trust for them. See a qualified estate planning attorney.
Answered on May 17th, 2013 at 2:11 AM

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