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Business Law Estate Planning Legal Topics

Using a Retirement Plan to Start a Business

ThinkstockPhotos-504575346Ever wanted to start a business using a retirement plan? There’s a way to roll over plan benefits into a new business without paying taxes and penalties, but you have to be careful. Two recent cases illustrate how not to do it.

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Bankruptcy Law Business Law Elder Law Estate Planning

Are Inherited IRAs Exempt Property in California Bankruptcy?

493855361Updated: The bankruptcy court in In re Sherr (Bankr ND Cal, Sept. 27, 2016, No. 16-10283) 2016 Bankr Lexis 3521 has held that the exemption for “retirement funds” applies to inherited IRAs under California law.

The law says that retirement funds are exempt property in bankruptcy, but the Supreme Court has held that this exemption doesn’t apply to inherited IRAs. End of story? Not quite.

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Elder Law Estate Planning Tax Law

Give and Get: Act Now for Tax Benefit!

hurry_159269664The American Taxpayer Relief Act of 2012 (ATRA-2012) (Pub L 112-240, 126 Stat 2313) allows IRA owners to make retroactive direct distributions to charity for 2012. It could be a good deal for you or your clients, but you have to act by January 31, 2013—this week!—to take advantage of it.