Guest Joanne Davey Posted February 10, 2011 Posted February 10, 2011 Does anybody know how a prenuptial agreement that is in place in California would come in to play in the terms of attribution of ownership to a spouse? The client indicates that the spouse of the owner signed a prenuptial agreement and the company belongs 100% to the Husband. The representation is that the husband owns the company as sole and separate property. Can this prenuptial agreement negate attribution rules under 318?
PensionPro Posted February 10, 2011 Posted February 10, 2011 Neither state law nor the prenuptial agreement negates the IRC Sec. 318 attribution rules. A valid agreement may give the husband 100% ownership, but it still does not change the attribution rules of federal law. PensionPro, CPC, TGPC
Guest Joanne Davey Posted February 10, 2011 Posted February 10, 2011 Neither state law nor the prenuptial agreement negates the IRC Sec. 318 attribution rules. A valid agreement may give the husband 100% ownership, but it still does not change the attribution rules of federal law. Thank you
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