Client Strategies--The Limits of FLPs: Family Limited
Financial Planning (08/01/00) Vol. 6, No. 10 p.25; Lange, James
Family limited partnerships (FLPs) are an excellent
estate-planning tool for affluent persons who want to bequeath
sizable gifts to family members, although they do come with
caveats. FLPs are a good option for the rich because the client
is permitted to contribute assets to a partnership in exchange
for both general and limited partnership interests, and they
allow the donor to discount the value of the gifts to the
recipient that may not be discountable outright. The only time
FLPs become problematic is when they do not meet certain
criteria. Often, the expense for FLPs exceeds the benefits.
FLPs usually come with an array of fees ranging anywhere from
$2,000 to $10,000. Other costs include annual expenses for
maintaining the partnership, and, depending on the assets being
transferred, transfer taxes to cover the expense of transferring
the asset from the general partners to the FLP. Adding to the
list of drawbacks is the fact that there is no step-up in basis
for assets in the partnership at the time of the general
partner's death. In conclusion, FLPs are useful if the donor
wants leverage for significant current and/or future gifts; wants
control of the gifted assets after the gift is made; wants
flexibility to adapt to changes in the future; wants protection
of the gift from creditors; can find the appropriate law firm to
draft and help implement the FLP; is willing to incur business
valuation fees; is willing to pay the set-up and maintenance
costs; will listen to the attorney setting up the FLP to avoid
all the tax traps; and has taken into account the cost of any
transfer taxes or loss of step-up in basis.