Draper55 Posted December 13, 2021 Posted December 13, 2021 Wife owns 100% of a recently acquired business. Husband owns 89% of his business with 11% unrelated owner(niece). Minor child age 15. Wife on husband's payroll but will remove to limit the only block to the spousal exception being the minor child. One piece I read by a major insurer indicated that if the parent(husband in this case) ownership was less than 80% there would be no problem(i.e., spousal exception could apply). I think in this situation, that unless the father's interest goes down to 50% or less, the child still has effective control of both businesses(>50%) by attribution and there is effective control of each corp by five or fewer individuals. Is my reasoning correct here? A related question is when determining controlling interest post family attribution, do you count the attributed ownership more than once so that the total ownership can be more than 100%? I have not seen any examples that show how this is done. Thanks in advance for any responses?
Bri Posted December 13, 2021 Posted December 13, 2021 Yes on one, no on two. Luke Bailey and Bill Presson 2
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now