Join ARSA Ask ARSA Pay ARSA

IRS Proposes Significant Restrictions to Estate Tax Discounting Rules

On Aug. 4, the Internal Revenue Service (IRS) issued a notice of proposed rulemaking (NPRM) restricting the discounting of shareholder stock in family-owned operations for the purpose determining federal estate tax liability. Under current law, married couples are allowed $10.9 million in a lifetime exclusion for federal estate and gift taxes. Assets above the threshold are taxed at a 40 percent federal rate.

Traditionally, the IRS and the courts, for purposes of the federal estate and gift taxes, have permitted the valuation of privately-owned business interests to include a “lack of control” and “lack of marketability” discount because some stakes are worth less since they are harder to sell or represent a minority interest. The proposed rule, which applies to corporations, partnerships and limited-liability companies, disregards any restrictions on liquidation or redemption an heir uses to claim a valuation discount if that restriction either lapses after the transfer or the heir or heir’s family has the ability to remove the restriction after transfer. The IRS is also seeking to eliminate the lack of control discount to assignees.

The agency is accepting comments on its proposal until Nov. 2 and will host a public hearing in Washington, D.C., on Dec. 1.



More from ARSA

ICA ARC Concludes, Issues Report

The FAA’s Instructions for Continued Airworthiness Aviation Rulemaking Committee (ICA ARC) published its report and held its final meeting in September. The ARC was first proposed in an ARSA-led petition…Read More

Streamlining Bilateral Guidance

Update: On Sept. 28, the FAA confirmed cancellation of AC 145-11A, Repair Station Guidance for Compliance with the Safety Agreement between the United States and the European Union. August 18,…Read More

FAA Guidance Adds FRS Personnel Licensing Requirements

The FAA has issued a change to Order 8900.1 implementing the foreign repair station personnel licensing requirements of the 2024 FAA Reauthorization Law. Sec. 302 directed the FAA to require…Read More

September SMS Webinar – Emergency Response Plans

On Tuesday, Sept. 29, ARSA and the Aircraft Electronics Association (AEA) hosted the most recent session in their webinar series explaining integration of a safety management system within the operations…Read More

ARSA, AEA Seek Legally Supportable OpSpecs

On Sept. 10, ARSA and the Aircraft Electronics Association (AEA) continued their combined effort to limit use of “automatically” assigned operations specifications for repair station certificates. “The regulations are clear;…Read More
ARSA