Tax Corner

Protecting Retirement Plan Assets From Creditors

Question:  I have a significant balance in my employer’s 401(k) plan. Upon my upcoming retirement, I intend to roll over the funds in my employer’s plan to an individual retirement account (“IRA”) which will pass to my children upon my death.  Will the assets in my IRA be exempt from my creditors during my lifetime and from my children’s creditors after my demise?

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Treating S Corporation Stock Purchases as Asset Purchases

Question: I am the owner of an S corporation which is purchasing another business operated by an S corporation. I have been advised that I am better off for both tax and liability reasons structuring the transaction as a purchase of the assets of the target corporation rather than a purchase of the stock of the target corporation. However, the target corporation has some licenses and other assets which are not readily transferable making it more beneficial to acquire the target corporation’s stock. Are there any options available to me to avoid the consequences of a stock purchase?

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