Rather, if funds can be protected inside a BAPT, these issues fall away, and then the need for transfer-pricing games to move the funds offshore also goes away.
Adoption of a BAPT may give the practitioner latitude in all these areas.
If a BAPT is a nullity, its owner would be regarded as the shareholder.
If the IRS adopts the pseudo-equity approach to BAPT beneficiaries and if the company is close to the 100-shareholder limit, this could create a problem.
Again, if the IRS rules that the BAPT beneficiaries have an equitable interest that is different from the other shareholders', this could be problematic.
Because the answers to these questions remain open, it is recommended that the first few taxpayers adopting a BAPT apply for private letter rulings with the IRS, particularly where an S corporation is involved.
Alternatively, the company could simply park the cash in a BAPT.
If we assume the BAPT is a grantor trust because of Sec.
ABC can sell the machines to the BAPT (no tax effect due to grantor trust status) if the trustee agrees.
While there may be slight income tax benefits to a CIC, on the whole, BAPTs are easier to set up and monitor and are much more affordable.