Unit 4 Flashcards
S Corporation
- Taxed like a partnership
- profits and losses are passed through directly to shareholders
- no double taxation
C Corporation
- best when you need to raise lots of capital
- fully separates owners from business entity
- subject to double taxation
- only look at business when determining suitability
Sole Proprietorship
- easiest to form and dissolve
- owner has fully liability
- all of owners assets are liable for debts of business
LLC limited liability company
- combines benefits of Corporation with tax advantages of a partnership
- owners are members not shareholders
- company survives the death of the owners
Transfer on Death Accounts (TOD)
- upon death property is immediately transferred to the named beneficiaries
- is a designation of an individual account or a JTWROS
Joint Tenants With Right of Survivorship (JTWROS)
- when one person dies all of the assets go to the other Tennant regardless of contributions
Tenants in Common
- when TT dies their assets go into their estate
- then distributed according to their will
Tenancy by the entirety
- can be created only by married people
- consent of both parties is required before selling or giving away interest in property
Trust
- legal entity that offers flexibility to an individual who wishes to transfer propriety
Settlor (maker, grantor, trustor donor)
- supplies property for trust
- creates the trust
Trustee
- person legally holding the property held in the trust.
- a fiduciary obligated to do what is in the best interest of the beneficiaries
Beneficiary
- person who benefits from the trust
- settlor can be a beneficiary
Simple trust
- all in one earned must be distributed within that year
Complex trust
- may accumulate income and distribute according to trust terms
Living trust
- established during lifetime of maker
Testamentary trust
- contents go into trust once person passes away
Revocable trust
- must be living trust
- only the maker can change or revoke
- no estate tax benefit
- becomes irrevocable at death
Irrevocable trust
- settlor gives up all ownership
- settlor can retain some interest in certain situations
Grantor retained annuity trusts
- beneficiaries receive fixed annuity each year after death of settlor
- major tax benefits
- tax liability falls on maker
Estate accounts
- similar to trusts have fiduciary oversight
- executor makes all of the investment decisions
Fiduciary account Examples: Trusts Executor Administrator Guardian Custodian Receiver in bankruptcy Conservator for incompetent person
Anyone legally appointed and authorized to represent another person
Full power of attorney
Allows Person who isn’t owner to
Deposit, withdraw, make investment decisions
Limited power of attorney
Some but not total control of account
Durable power of attorney
- POA survives mental incapabilities but not death