LLCs in Estate Planning: Tax Law Implications, Structuring Agreements, and Corporate Transparency Act Compliance

Barry E. Haimo
Barry E. Haimo | Haimo Law

Barry E. Haimo, Esq. is a distinguished attorney whose leadership at Haimo Law is redefining the traditional attorney-client relationship. Unlike the norm, Barry’s approach emphasizes the importance of building genuine, lifelong connections with his clients, going beyond the standard legal transaction.

On-Demand: April 9, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This course offers estate planners a comprehensive exploration of the strategic use of Limited Liability Companies (LLCs) in estate planning under current tax law. Participants will delve into the asset protection and income tax benefits of LLCs, learn how to structure effective operating agreements, and discover advanced strategies for integrating LLCs with trusts and other wealth transfer vehicles. The course will also cover the implications of the pass through entity election and compliance with the Corporate Transparency Act, equipping attendees with practical tools and insights to optimize their estate planning practices while navigating complex tax challenges and regulatory requirements.

Key topics to be discussed:

  • Introduction to LLCs
  • My top reasons I love LLCs
  • Operating agreement
  • Asset protection
  • Anonymity
  • Corporate Transparency Act
  • Succession planning
  • Estate and gift tax planning
  • Common pitfalls

Closed-captioning available

Speakers

Speaker_Barry E. Haimo_myLawCLEBarry E. Haimo | Haimo Law

Barry E. Haimo, Esq. is a distinguished attorney whose leadership at Haimo Law is redefining the traditional attorney-client relationship. Unlike the norm, Barry’s approach emphasizes the importance of building genuine, lifelong connections with his clients, going beyond the standard legal transaction. This ethos is deeply embedded in the culture of Haimo Law, reflecting a commitment to the ideal law firm and attorney-client experience. Since establishing his practice in Plantation, Florida, in 2010 and expanding to Port Jefferson in Suffolk County, New York, in 2018, Barry has made education a cornerstone of his client interactions. He believes that empowering clients with knowledge allows them to make informed decisions, understanding not only the legal aspects but also how they align with personal values and objectives.

Barry’s focus on estate and business planning covers a broad spectrum, from assisting clients with modest means to those with significant wealth and complex tax planning needs. His expertise encompasses probate, trust administration, and asset protection planning, as well as addressing the nuances of business life cycles, including succession and exit planning. What sets Barry apart is his commitment to understanding his clients’ broader life contexts—their goals, families, businesses, and the unique challenges they face. This holistic approach enables him to provide tailored advice that extends beyond legal boundaries, addressing sensitive issues and complicated family dynamics with a unique and refreshing perspective.

In addition to his legal practice, Barry E. Haimo is an entrepreneur at heart. He has started and sold a company, launched innovative software to modernize estate planning, and frequently contributes his insights as a guest speaker on podcasts and webinars. His entrepreneurial spirit, combined with his legal expertise, makes him a valuable consultant, director, and business advisor to various companies. However, Barry’s favorite aspect of his practice remains the personal interaction with clients—understanding their aspirations, fears, and the intricate details of their lives. This deep connection with clients is what drives Barry’s strategic, outside-the-box thinking and his exceptional bedside manner, making him not just a lawyer but a trusted counselor and advocate in estate and business matters.

Barry E. Haimo’s approach to law is a testament to his dedication to providing more than just legal expertise; he offers a partnership built on trust, understanding, and a shared journey towards achieving clients’ goals.

Agenda

I. Introduction to LLCs | 1:00pm – 1:12pm

  • History/Evolution
  • Members
  • Management
  • Taxation
  • Limited liability
  • Governing documents

II. My top reasons I love LLCs | 1:12pm – 1:24pm

  • Flexibility flexibility flexibility

III. Operating agreement | 1:24pm – 1:36pm

  • Key provisions
    • Ownership
    • Management
    • Transfers
    • Buy-sell
    • Conflict resolution
    • Meetings
    • Allocations
  • Pitfalls
  • Applications
    • FLPs
    • Operating businesses
    • Real estate
    • Investments

IV. Asset protection | 1:36pm – 1:48pm

  • Inside and outside creditors
  • Charging order
  • TBE
  • POD

V. Anonymity | 1:48pm – 2:00pm

  • Benefits
  • Disadvantages
  • Forum selection

Break | 2:00pm – 2:10pm

VI. Corporate Transparency Act | 2:10pm – 2:25pm

  • BOI reports
  • Compliance
  • Exceptions
  • Complications
  • Updates

VII. Succession planning | 2:25pm – 2:40pm

  • Equitable ownership
  • Management transition
  • Incentives

VIII. Estate and gift tax planning | 2:40pm – 2:55pm

  • Basis adjustment
    • Step-up
    • 754
  • FLPs – Beneficial enjoyment and control
  • Shifting wealth
    • New investments
    • Sales
    • GRATs
  • Economic substance
  • IRC 1202
  • Trusts as owners of LLCs
    • Grantor v. non-grantor trusts
    • Important considerations
      1. Trustee/trust agreements
      2. Permitted transfers
      3. BOI
    • Taxation – post-mortem s-corps

IX. Common pitfalls | 2:55pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Approved for Self-Study Credits
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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