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Do's and Don'ts of 199A Planning



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The Do’s and Don’ts of 199A Planning promises to be our most insightful 199A class yet. Unlike the traditional code and regs approach, Bob will examine  specific issues and strategies from a hard hitting and practical approach.   In this exclusive LISI webinar, Bob willl review SSTBs, aggregation, real estate trades and business issues, interest deductions, and many other issues focusing on successful strategies (i.e. the do’s) and traps for the unwary (i.e. the don’ts). Below is a list of some of the issues Bob will cover in this fast paced practical class:

 The Do’s:

·       Do aggregate “vanished” and “fading” assets for the 2.5% test

·       Use DB and DC plans to reduce taxable income below the threshold limitation

·       Spin out non-SSTBs from SSTBs

·       Reduce debt on non-SSTBs to increase QBI

·       Increase debt on SSTBs to reduce QBI

·       Use S-Corps when income exceeds the threshold limitation

·       Do determine the proper wage payments to meet the 50% wage test

·       Use Sub-K entities when income is below the threshold limitation

·       Use gifts to spread income across family members

·       Use trusts to spread income across a family

·       Run present values on cost segregation studies  (i.e. compare the lower 199A deduction to the PV of the upfront deduction)

·       Use bonus depreciation and Section 179 to reduce income to slightly below the threshold limitation

·       File separate tax returns for spouses when disqualified by the SSTB limitation 

The Don’ts 

·      Aggregate “wage” and “capital” entities

·      Deleverage SSTBs

·      Don’t spin out real estate SSTBs

·      Use Sub-K entities when income exceeds $315,000

·      Don’t use guaranteed payments

·      Over inflate salaries above the 50% limitation

·      Allow clients to die when holding low basis real estate in a Sub-K entity (i.e. the deathtime 754 trap for the unwary)

·      Allow clients to purchase a low inside basis Sub-K entity (i.e. the lifetime 754 trap)

·      Violate the Section 643(f) and Section 199A multiple trust rule

·      Don’t use bonus and Section 199A in year one only to be above the threshold and unable to claim a 199A deduction in later years

·      Do use cost segregation studies if losses will be suspended under basis, at risk, passive loss or the new 461(l) rules

·      Allow clients to use triple net leases when possible





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Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils. He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession. Mr. Keebler is the past Editor-in-Chief of CCH's magazine, Journal of Retirement Planning, and a member of CCH's Financial and Estate Planning Advisory Board. His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration. Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals. In the past 20 years, he has received over 250 favorable private letter rulings including several key rulings of ""first impression."" Mr. Keebler is nationally recognized as an expert in estate and retirement planning and works collaboratively with other experts on academic reviews and papers, and client matters. Mr. Keebler is the author of over 75 articles and columns and editor, author, or co-author of many books and treatises on wealth transfer and taxation, including the Warren, Gorham & Lamont of RIA treatise Esperti, Peterson and Keebler/Irrevocable Trusts: Analysis with Forms. Mr. Keebler is the Chair of the AICPA's Advanced Estate Planning Conference. He is a featured columnist for CCH's Taxes Magazine - ""Family Tax Planning Forum,"" Bob is also a contributing author to the American Bar Association's The ABA Practical Guide to Estate Planning. Robert.Keebler@KeeblerandAssociates.com


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