Session 14 Flashcards

1
Q

Tenancy by the Entirety

A

only giving to married couples and difference is the consent of the other tenant is required before the other tenant can sell or give away his inter in the property

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2
Q

Sole Proprietorship Risk

A

could lose everything

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3
Q

General Partnership

A

an unincorporated association consisting of 2 or more…P/L flow directly through to the investors for tax purpose

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4
Q

Limited Partnership

A

are assigned to general partners, but only have LIMITED Liability

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5
Q

Limited Liability Company (LLC)

A

is a business structure that has LIMTED liab and tax advantage…MEMBERS not shareholders

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6
Q

Max members of an LLC?

A

Unlimited

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7
Q

S Corps

A

taxed like partnership and offer investors limted Liab…P/L pass through to shareholders

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8
Q

Shareholder basis for S Corp

A

money invested or money lent

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9
Q

Max Investors for S corps?

A

100

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10
Q

C Corp

A

is a business structure that separates the business from the owners…double taxed

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11
Q

Suitability for C Corp?

A

when the business is expected to raise a large amount of money

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12
Q

Who are the three parties in a trust?

A

1- Settlor
2- Trustee
3- Beneficiary

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13
Q

Settlor

A

is the a party in the trust that is giving the assets away

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14
Q

Trustee

A

is the party that follows the trust will…they are the fiduciary and is obliged to perform in the interest of the beneficiary

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15
Q

Beneficiary

A

is the party that will benefit the property in the trust

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16
Q

Reminderman

A

is the a trust has run its course and all expense and distributions have been made, the person whose receives the remaining balance

17
Q

Simple Trust

A

all income earned on assets are placed in the trust and all must be distributed annually…Trustee has no say in distributions

18
Q

Complex Trust

A

is permitted deductions for distributions of net income or principal (Including Capital Gains for dis unless reinvested) trustee has some say

19
Q

Living Trust (Inter Vivo Trust)

A

is established during the maker’s lifetime

20
Q

Testamentary Trust

A

the settlor retains control over assets until death and @ death assets will be placed in trust (DOESNT AVIOD PROBATE)

21
Q

Revocable Trust

A

must be a living trust because only the living grantor has the power to change or revoke the trust

22
Q

Irrevocable Trust

A

settlor must give up ALL ownership in the property transferred

23
Q

Exceptions for the Irrevocable Trust that must not allow an reduction of estate taxes: (4)

A

1- grantor retains a life interest or life income
2- If the grantors of the trust receives more than 5% of income stream
3- grantors has power to pick who the property will go to
4- Grantors places life insurance policies in the trust and make loans from the cash value

24
Q

Grantor Retained Annuity Trust (GRATs)

A

1- The Grantor transfer the prop into a trust that provided the grantor receives an annuity payment yearly until the end of term reminding balance to bene
2- If the assets are more than the IRS discount rate excess is taxed free
3- if the grantor dies the remaining assets are considered part o the decreased estate
4- Grantor has a retained interest

25
Q

Estate Account

A

is directed by directly by fiduciary on behalf of the beneficiary or beneficiaries

26
Q

Qualified Domestic Relations Orders (QDROs)

A

assets held in a qualified retirement plans are exempted from the 10% penalty (this is what happens in terms of a divorce)