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I have a question for the tax people on here..brian kelly gets his check not made out to

Posted on 8/18/24 at 10:45 am
Posted by SuckerPunch
Member since Feb 2024
926 posts
Posted on 8/18/24 at 10:45 am
Him but to his trust…can any regular joe blow get his work check to his trust..and what is the advantages of doing this?
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1746 posts
Posted on 8/18/24 at 11:02 am to
I’d think it wouldn’t be as advantageous for regular Joe blow. I don’t know all the advantages but I’d bet the biggest one is never having the money come into his “control” as it’s an asset of the trust and because of this it can pass to others regardless of whatever the lifetime exemption is when he dies. Rich people problems…
Posted by SuckerPunch
Member since Feb 2024
926 posts
Posted on 8/18/24 at 11:06 am to
The trust then pays the guy a salary rather than his job paying him
Posted by lsuconnman
Baton rouge
Member since Feb 2007
3687 posts
Posted on 8/18/24 at 11:32 am to
(no message)
This post was edited on 10/1/24 at 12:45 pm
Posted by UltimaParadox
North Carolina
Member since Nov 2008
47393 posts
Posted on 8/18/24 at 11:39 am to
Assuming he is using it as estate tax shelter for his family. Outside of things like charitable trusts most use it to specifically issue out parts of the estate to their heirs. Which usually get taxed at time of disbursement at the rate of the recipient.
Posted by npt817
Prairieville, LA
Member since Sep 2010
1612 posts
Posted on 8/18/24 at 11:49 am to
You should ask Rick this question

LINK
Posted by MSTiger33
Member since Oct 2007
21046 posts
Posted on 8/18/24 at 12:05 pm to
Maybe to a revocable trust which offers no real benefit other than skipping probate. If to an irrevocable trust then the irs would probably deem it a gift since he is the one who earned the income. Risk trigger a gift tax if the latter since there is a limit of 13.61M in the gift tax exemption
Posted by SuckerPunch
Member since Feb 2024
926 posts
Posted on 8/18/24 at 12:43 pm to
I mean somebody on here posted that like 40 or was it 60% of households in America pay no tax whatsoever.
Posted by UltimaParadox
North Carolina
Member since Nov 2008
47393 posts
Posted on 8/18/24 at 1:05 pm to
quote:

mean somebody on here posted that like 40 or was it 60% of households in America pay no tax whatsoever.


After the trump tax cuts the standard deduction got so large it is not surprising that a lot of people technically owe no federal income tax.

quote:

Almost 60% of non-payers make less than $30,000 and another 28% make between $30,000 and about $60,000.


However as a beneficiary of the Trump tax cut changes, I'm not complaining
This post was edited on 8/18/24 at 1:07 pm
Posted by JonTigerFan11
Member since May 2016
882 posts
Posted on 8/18/24 at 1:12 pm to
This is the answer. Trusts are actually in a higher tax bracket. He just has everything in a revocable trust because he wants to avoid probate. Which is telling because that likely means he has zero plans to remain in Louisiana (where due to the probate process you don’t need a revocable trust)
Posted by Shepherd88
Member since Dec 2013
4822 posts
Posted on 8/18/24 at 2:14 pm to
It’s not just to avoid probate. It’s for liability protection as well in case he’s ever sued for whatever reason.
Posted by dstone12
Texan
Member since Jan 2007
35764 posts
Posted on 8/18/24 at 3:54 pm to
Posted by baldona
Florida
Member since Feb 2016
22508 posts
Posted on 8/18/24 at 4:46 pm to
He also likely has multiple income streams. I’m not sure how it’s done these days with coaches, but in the past only a portion of their salary came from the school and another portion from their endorsements and other contracts.

It’s possible he is living off one income stream and everything in his trust is for long term family planning and liability mitigation.
Posted by Jag_Warrior
Virginia
Member since May 2015
4292 posts
Posted on 8/18/24 at 6:48 pm to
quote:

It’s not just to avoid probate. It’s for liability protection as well in case he’s ever sued for whatever reason.


In the case of a garnishment, would this strategy work? Just asking out of pure curiosity.

I remember IndyCar driver Helio Castroneves doing something like this in the late 90s/early 2000s, when he was still with Roger Penske’s team. I can’t remember what the structure was, but I do remember him getting into a lot of legal trouble (taxes, I believe - but I can’t remember the facts or circumstances).
Posted by LSUFanHouston
NOLA
Member since Jul 2009
39289 posts
Posted on 8/19/24 at 7:06 am to
Repeat after me…trusts are not an income tax shelter!!

Depending on how the trust has been set up, there could be creditor protection benefits or estate tax benefits, and even the estate tax benefits would be limited.
Posted by Shepherd88
Member since Dec 2013
4822 posts
Posted on 8/19/24 at 7:35 am to
The answer to that is always, maybe. Depends on how good your lawyer is but it at least gives another layer of defense that prosecution would have to go through.
Posted by MSTiger33
Member since Oct 2007
21046 posts
Posted on 8/19/24 at 2:46 pm to
quote:

t’s not just to avoid probate. It’s for liability protection as well in case he’s ever sued for whatever reason.


Not a revocable trust
Posted by slackster
Houston
Member since Mar 2009
90090 posts
Posted on 8/19/24 at 4:03 pm to
quote:

He just has everything in a revocable trust because he wants to avoid probate. Which is telling because that likely means he has zero plans to remain in Louisiana (where due to the probate process you don’t need a revocable trust)


You don’t need one in LA, but there are good reasons to have one, particularly at his income level.

His income level meaning he has enough assets that setting up a trust in LA is probably worth it, not that there is some special tax benefit.
This post was edited on 8/19/24 at 4:05 pm
Posted by baldona
Florida
Member since Feb 2016
22508 posts
Posted on 8/19/24 at 4:26 pm to
No idea what his family and marriage are like, but one reason to put equity into a trust would be preventing an divorce from taking half your money.
Posted by slackster
Houston
Member since Mar 2009
90090 posts
Posted on 8/19/24 at 4:33 pm to
quote:

No idea what his family and marriage are like, but one reason to put equity into a trust would be preventing an divorce from taking half your money.


That in and of itself wouldn’t do you any good in LA as far as I’m aware.

There are no legal ways to really avoid community property without spousal consent. If there were, they’d be used all the time.
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