Geared Up Issue 3 2016 | Page 45

If formed in a state that allows “dynasty trusts,” such as New Hampshire, either of these trusts can last indefinitely, transferring significant wealth to your children and future generations. Advantages of transferring non-voting Planet Fitness interests to these trusts: • The full value of the assets (not just the discounted value) is transferred out of the owner’s taxable estate; • The future appreciation of the trust assets will not be included in the owner’s (or spouse’s, in the case of a SLAT) taxable estates; • These trusts can be generationskipping trusts and GST exemption can be applied to the transfers; • In some cases, we are able to structure the trusts to allow trust distributions to an ILIT (irrevocable life insurance trust), preserving additional gift tax exemption; • Both SLATs and IDITs can be designed as“Grantor Trusts”so the owner continues to pay income taxes on the trust income, allowing further reductions in the owner’s taxable estate without use of gift tax exemption; and • With a SLAT, the grantor has indirect access to SLAT assets through distributions to the spouse (a safety net). Asset protection and state income/ capital gains tax planning We have also helped Planet Fitness clients transfer non-voting shares into a New Hampshire Asset Protection Trust (NH APT). Assets held in a NH APT remain in your taxable estate but provide significant asset protection benefits from creditors with the added advantage of eliminating state income tax and state capital gains tax upon the sale of a franchise. This is because New Hampshire does not impose income or capital gains taxes on the assets held in a NH APT. We would be pleased to provide more information about NH APTs as well. Summary Planet Fitness franchise owners can save enormous amounts of future federal estate, and possibly also GST, taxes with careful planning. You can take advantage of an estate freeze, and transfer discounted non-voting interests into trust(s) that benefit your spouse, your kids and future generations. You’ll be transferring the assets at today’s discounted value (the freeze), and the full value and all future appreciation will be outside your federal taxable estate. If you transfer the assets to a SLAT, you have a safety net because your spouse is a beneficiary. Meanwhile, you receive annual income (from the promissory note), which you have full control over – you can feed it back into the business or use it for any other purpose. G Contributed by McLane Middleton, P.A.; Sagemark Private Wealth Services; and Ayer and Associates – Ameriprise Financial Services. Contact Steven M. Burke, Esq. CPA, CGMA at 617-849-9972 or steve.burke@mclane; Linda R. Garey, Esq. at 603-628-1325 or linda.garey@mclane.com; Charles Evangelakos, COA at 617-728-7447 x4064 or Charles.evangelakos@lfg.com; or Christopher Ayer at 603-430-9080 or christopher.ayer@ampf.com. EVERY planet NEEDS A SUN WE KNOW TANNING and WE KNOW PLANET FITNESS® Let our experience, our inventory and our team help you achieve profit and black card growth. Kacee Gibson Planet Fitness® Team Lead Lotions, Lamps, Accessories Eyewear, Lamps, Parts GearedUp | 2016 Issue 3 1-800-554-8268 www.heartlandtan.com 43