• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Estate Planning
  • schedule 90 minutes

Estate Planning With LLCs

Key Provisions for Operating Agreements, Using LLCs to Invest in Real Estate, Gifting Through LLC Distributions, Tax Planning

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE/CPE webinar will provide estate planners with a practical guide to utilizing limited liability companies (LLCs) in estate planning under current tax law. The panel will discuss the income tax and asset protection benefits of LLCs and address the use of LLCs to shift income. The panel will provide insight into using LLCs for gifting and other effective tactics for utilizing LLCs in estate planning. The panel will also discuss the pass-through entity election for LLCs and potential tax implications in estate planning.

Description

The use of an LLC in estate planning can shelter assets, reduce overall gift and estate taxes, and avoid probate. Although the increased estate exemption amount lessens the need to take aggressive valuation discounts on assets transferred into an LLC, the structures retain significant asset protection and income tax savings features.

LLCs provide flexibility in allocating rights to profits and capital and can be used to shift income and property appreciation. The general structure of an LLC involves transferring assets to the company while also retaining ownership and control over the transferred assets. Shares in the LLC are then granted to family members or other potential heirs/beneficiaries. By granting income shares to family members who may be in a lower income tax bracket, the managing member can reduce overall income taxes.

However, under current tax law, there are some complex tax implications, particularly under the capital ownership rules of IRC 704(e). Estate planners must grasp a complete understanding of applicable tax rules and regulations when funding LLCs through nontaxable transfers and sales, using distributions to shift income tax burdens and their interplay with other planning tools.

Finally, the application of the pass-through entity election for LLCs must be considered.

Listen as our experienced panel discusses structuring and operating LLCs for estate planning purposes, details how to withstand IRS scrutiny of transfers and operations, explores gifting through LLC distributions, and reviews other effective tactics for utilizing LLCs in estate planning.

Presented By

Gregory V. Gadarian
Partner
Gadarian & Cacy, PLLC

Mr. Gadarian's practice focuses on tax strategy, estate planning and asset protection law. Previously, he was a Legislation Attorney on the staff of the Joint Committee on Taxation, U.S. Congress. Before that, he was an Attorney-Advisor to Judge Cynthia H. Hall of the U.S. Tax Court. He is the former Arizona State Chair of the American College of Trust and Estate Council, and is an Adjunct Professor at the University of Arizona College of Law.

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Daren J. Layton
Attorney
Jennings Haug Keleher McLeod Waterfall, LLP

Mr. Layton's legal practice focuses on lifetime planning as well as probate and trust administration matters. He assists clients in creating and implementing personalized estate plans, navigating income, gift and estate tax issues, business succession matters, and charitable planning. Mr. Layton is also a certified public accountant (CPA).  He earned a B.S. in Accountancy (2007) and a M.S. in Taxation (2008) from Arizona State University, and a Juris Doctor (2012) from the University of Arizona. In addition, Mr. Layton served as a co-adjunct professor at the University of Arizona James E. Rogers College of Law for an Estates & Trusts Course in Fall 2023 and Spring 2025.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, June 9, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Using LLCs for asset protection and business continuation/succession planning

II. Income tax planning opportunities with LLCs

III. Key provisions for operating agreements

IV. Using LLCs with trusts and other wealth transfer vehicles

V. Pass-through entity election

The panel will review these and other relevant topics:

  • What are the income tax and asset protection benefits of LLCs?
  • Tax planning through lifetime gift of LLC interests
  • Key considerations when drafting the operating agreement
  • Utilizing trusts and key trust agreement provisions
  • Using partnership allocation rules and profits interests to shift the income tax burden to LLC members with lower marginal income tax rates