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24-Jan-2016 12:21

Moreover, such planning will likely save estate and gift taxes later on.Finally, and most importantly, a bifurcation of stock rights allows a family to have more options when considering (at some future point in time) how to make cost efficient transfers of business interests.

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Discussions should be held collaboratively with your key trusted advisors.It helps ensure that future planning will be easier to accomplish with a higher likelihood of client satisfaction! However, the tax regulations permit companies to issue voting and non-voting stock, even if the voting stock only represents 1% of the issued and outstanding shares.Thus, differences in voting rights are disregarded in determining whether an S corporation has more than one class of stock.Non-voting/non-management rights means control and management will reside with those owners of the voting interests.

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It is indeed interesting to note that the internal revenue code regulations permit the use of voting trusts.

While beyond the scope of this article, families with business interests denominated in S corporation stock need to be careful to make sure ALL legal agreements correctly identify only those entities that can own such S shares.