Tax Guru-Ker$tetter Letter
Sunday, June 11, 2006
Tax Exempt Partnerships?
Q-1:
Subject: tax-exempt partnershipI got some info today about the 5 Cees Compaines and a "tax-exemptpartnership" for use in real estate holdings.I dislike anything sold as seminars. But I usually research the ideas theypitch in their marketing.I can't find much info on tax-exempt partnerships and hope that you mightenlighten me. Could it be a tool for long held real estate? Could this beused with existing partnerships? What exacty is it.
A-1:
I'm not clear on what kind of arrangement you're referring to.
Please send me a link to the company you are working with and I will check out their info.
Kerry Kerstetter
Q-2:
I can't find much about the company or the technique.
http://5cees.com/Here is the 'plan'
http://5cees.com/UsersWeb/WPP_Strategy.htmHow it works1. The owner establishes a family Limited Partnership with two typesof family interests.a. One is the general partner who has total controlb. The other is the limited partner who has no voting rights or control.2. Forming a corporation that holds the general partners interest canprovide the owners "Limited Liability Benefits".3. By gifting limited partners interest to a tax-exempt organization -creates a tax-exempt partnership.4. The owner exchanges the property for partnership interests andmaintain 100% ownership of the general partners5. The owner now acquires a large income tax deduction, avoids estatetax and grows tax-free based upon percentage gifted.a. When the property is sold it avoids capital gains tax and the ownermaintained 100% control to buy more property or other assets of choice.
A-2:
I checked out the website and it doesn't give me a lot of confidence of being legitimate with no names of real people.Also, the basic premise is completely flawed. Giving a share of a partnership to a tax exempt entity doesn't make the entire partnership tax exempt. Whoever came to that conclusion is completely nuts and not to be trusted.
Unless there is more to back up this plan, I would stay as far away from it as possible.
Kerry Kerstetter