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This seminar is designed for attorneys, accountants, presidents and vice presidents, CFOs, controllers, business owners and managers, tax managers, CFPs and enrolled agents.
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Recognizing The Blind Spots In The World Of Partnerships, LLPs, LLLPs And LLCs In Florida  

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This seminar is designed for attorneys, accountants, presidents and vice presidents, CFOs, controllers, business owners and managers, tax managers, CFPs and enrolled agents.

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Seminar Summary:

This seminar is designed for attorneys, accountants, presidents and vice presidents, CFOs, controllers, business owners and managers, tax managers, CFPs and enrolled agents. (see full course description)

 
 

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Training Course Syllabus:


A one-day seminar designed for attorneys, legal staff, accountants, enrolled agents, estate and financial planners, real estate professionals, lenders, and others who advise clients about various pass-through entities like the LLP, LLLP, and LLC and want to be able to recognize often overlooked, but important issues impacting these entities. This course will focus on the most recent of developments impacting these entity choices.

Topics to be discussed include:

  • The Hot Topics And Latest Of Developments In The World Of Partnerships
  • What Is A Blind Spot?
  • Blind Spots In Entity Selection And Entity Formation
  • Blind Spots - Not Knowing What The IRS Is Looking For
  • Blind Spots When Drafting Agreements
  • Blind Spots In Operations
  • Blind Spots - Convertibility, Entity Transitions, Mergers And Divisions, And International Planning
  • Ethical Considerations
  • Top 10 Blind Spots

8:30 a.m. - 10:15 a.m.

I. Overview Of The LLP, LLC, And LLLP (And Other Entity Options) In Florida

II. The Hot Topics And Latest Of Developments In The World Of Partnerships

A. Legislation (Recently Enacted, Pending)

B. Latest Case Developments

C. Update On The IRS' K-1 Matching Program

D. Working With Partnerships And SPEs After Enron

III. Introduction – What Is A Blind Spot?

A. Accounting

B. Tax

C. Non-Tax

10:15 a.m. - 10:25 a.m.

Break

10:25 a.m. - 12:30 p.m.

IV. Blind Spots In Entity Selection

A. When Choosing A LLP Is The Wrong Choice

B. When Choosing A LLC Is The Wrong Choice

C. When Choosing A LLLP Is The Wrong Choice

D. Knowing The Critical Distinctions In Entity Types

1. Member-Managed vs. Manager- Managed LLCs

2. Public Statement Filing System For The LLP And General Partnerships

3. Filing Fees And Annual Charges

4. Identification Of Source Statute

E. Implications Of 'Using' SPE/VIE Partnerships

V. Blind Spots In Entity Formation

A. Formalities Of Organization And Execution Of Agreements Prior To Filing

B. Capitalization Mistakes And The Prefunding Process

C. State Law Formation vs. Federal Tax Law Formation

D. State Law Entities Which Are Not Valid Tax Law Partnerships

E. Valid Tax Law Partnerships Without State Law Entity Formation

1. Tenants-In-Common That Go Too Far

2. Oil And Gas Interests

3. Electing Out of Subchapter K

4. Joint Ventures

5. Affiliations

F. SPEs And VIEs In The Post Enron Era – What's The Latest

G. Overlooked Mechanics Of Formation (Banking Resolution, SS-4, etc.)

H. Professional And Other Licensing Issues

I. Going To Delaware For Formation?

J. Going Overseas For Formation?

K. Ethical Considerations (Including Unauthorized Practice Of Law Issues) [(Ethics) 10 Minutes]

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. - 3:20 p.m.

VI. Blind Spots – Not Knowing What The IRS Is Looking For

A. IRS' K-1 Matching Program

B. What's On The IRS' Hit List

C. Material Advisors, Tax Shelters And IRS' List Maintenance Rules – IRS Form 8886

D. MSSP Guidelines

VII. Blind Spots When Drafting Agreements

A. Securities Laws

B. Definitions And Formats

C. Business Purpose And Powers

D. Members And Capital Contributions

E. Allocations And Distributions

F. Rights And Duties Of Members And Partners

G. Rights, Powers, And Duties Of Managers And GPs

H. Accounts, Reports, And Access To Records

I. Buy Sell Agreements

J. Dissolution

K. Amendments

L. Covenants, Representations, And Warranties

M. Dispute Resolution And Arbitration

N. Choice Of Law Provisions

O. Schedules And Capital Contributions Agreements

P. Ethical Considerations – Client Identification [(Ethics) 10 Minutes]

VIII. Blind Spots In Operations

A. Informal Operations And Use Of The Company Name

B. Operations Inconsistent With Terms Of Agreement

C. Breaches Of Fiduciary Duty

D. Piercing-Of-The-Veil

E. Agency Principles (Actual, Apparent, Implied, And Estoppel)

F. De Facto Merger, Mere Continuation, Alter Ego

G. Pre-Filing Procedures In Tax Return And K-1 Preparation

H. IRS Form 8082 And Duty Of Consistency

I. IRS Audit Procedures: TEFRA Partnership Determinations

J. IRS Audit Procedures: Non-TEFRA Partnerships

K. Transfers, Dispositions And Buy-Out Provisions

L. Charging Orders And Single-Member LLCs (Albright Decision)

M. SPEs, VIEs, And Debt vs. Equity Accounting Treatment

N. Developer vs. Investor/Capital Gain vs. Ordinary Income

O. Conversions Of Debt Into Equity And Its Tax Consequences

P. Accrued, But Unpaid Preferred Returns

Q. Related Party Concerns

R. Foreign Accounts And Foreign Operations

S. Other Issues Of Concern

3:20 p.m. - 3:30 p.m.

Break

3:30 p.m. - 4:00 p.m.

IX. Blind Spots – Convertibility, Entity Transitions, Mergers And Divisions, And International Planning

A. Entity Mobility: Conversions

1. From LLC To LLP

2. From LLP To LLC

3. From LLC To LLLP

4. From Partnerships To LLC, LLP, LLLP

B. Entity Acquisitions And Joint Venture Operations

1. With Non-Profit Entities

2. Domestic Acquisitions

C. Entity Mergers And Consolidations

1. Under State Law

2. For Tax Purposes

D. International Planning Issues

4:00 p.m. - 4:30 p.m.

X. Ethical Considerations In Dealing With The Blind Spots

A. Client Identification

B. Due Diligence, Checklists, And Other Practical Tips

C. Coordination With CPAs And Protection Of Evidentiary Privileges

D. Attorney Work-Product

XI. Top 10 Blind Spots – Summary And Review

Seminar Summary:

This seminar is designed for attorneys, accountants, presidents and vice presidents, CFOs, controllers, business owners and managers, tax managers, CFPs and enrolled agents. (see full course description)

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