The Addams Family bought a new Victorian mansion next to their current home at 1313 Mockingbird Lane. The children, Pugsley and Wednesday, are grown up and are now having children of their own. Their parents, Gomez and Morticia, want to keep them nearby and would also like to pass the new mansion on to the children. Gomez worries about Pugsley''s debt and Morticia worries about taxes. Frank N. Stein, the family''s financial advisor recommends a family limited partnership.
Which of the following statements is NOT true regarding family limited partnerships?
- It is used as a means of minimizing estate and gift taxes.
- It does not require a legitimate business purpose.
- It is difficult for the children''s creditors to attach the partnership''s assets.
- The children would become the limited partners of their parents
Answer(s): B
Explanation:
Family limited partnerships are set up in order to minimize estate and gift taxes, but they MUST have a legitimate business purpose other than just to avoid taxes. All of the other choices are true. Additionally, the parents set themselves up as general partners and transfer the property to the partnership.
While they must pay taxes on the gift to the children of the limited partnership, that tax rate would be less than if they transferred the assets directly to the children.
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