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Exploring Family Limited Partnerships and Limited Liability Companies: A Guide for Weyerhaeuser Employees

Healthcare Provider Update: Healthcare Provider for Weyerhaeuser Weyerhaeuser's healthcare benefit plans are typically managed through a variety of providers, widely depending on the location and specific employee benefits outlined in their policy documentation. Generally, major national insurers such as UnitedHealthcare, Anthem, and Aetna are among those that may provide coverage options for employees. Health Care Cost Increases in 2026 As 2026 approaches, Weyerhaeuser employees could face significant increases in healthcare costs, driven largely by anticipated steep hikes in Affordable Care Act (ACA) premiums. With some states forecasting premium increases exceeding 60%, and without the renewal of federal premium subsidies, over 22 million individuals may see their out-of-pocket expenses surge by up to 75%. Additionally, rising medical costs-fueled by hospital, physician, and medication price inflation-could contribute to an overall healthcare cost rise of 8.5% for employers, prompting shifts in cost-sharing dynamics between employers and employees. As these challenges unfold, navigating healthcare options strategically will be essential for managing individual financial impacts. Click here to learn more

If you own and operate a family business, a family limited partnership (FLP) or family limited liability company (FLLC) could become a vital component of your estate plan. A properly formed and maintained FLP or FLLC can facilitate the transfer of your business to the next generation, protect assets from potential creditors, and minimize income, gift, and estate taxes.

What is an FLP/FLLC?

Many of our Weyerhaeuser clients ask about FLPs and FLLCs. An FLP is a special form of limited partnership where members of a family serve as general and limited partners. An FLLC is a corporate entity owned by family members who may or may not serve as managers. With an FLP, general partners run the business. Limited partners have no vote and no say about day-to-day operations, but, they have limited liability; they aren't liable for the debts of the FLP in excess of their contributed capital. With an FLLC, all of the family members, even if they serve as managers, have limited liability (as with any corporate entity).

Note: The rest of this discussion will refer to an FLP; however, the underlying principles apply to FLLCs as well.

With a typical limited partnership, a general partner who has experience will team up with limited partners who have capital. In the family context, however, the senior generation typically starts out as both the general and the limited partners. They then gift the limited partnership interests to the younger generation. The general partners can gift as much as 99% of the business to the limited partners, keeping as little as 1%. This can be an ideal solution for our Weyerhaeuser clients who want to transfer ownership of their business to their children, but also want to keep control until their children can gain experience and become competent enough to manage the business on their own.

Asset Protection

An FLP can provide some measure of asset protection for the limited partners. It generally takes a court order (called a charging order) for a creditor to reach a limited partnership interest, and even this only requires the FLP to pay income to the creditor instead of the partner until the debt is paid. In this case, the creditor does not become a substitute partner. He or she must wait until the general partner decides to distribute income (which may be a very long time). In addition, FLP assets are likewise protected from loss due to divorce. The general partner, however, does not receive the same protection and is personally responsible for the debts and liabilities of the FLP.

Income Tax Considerations

An FLP is a pass-through entity for income tax purposes. This means that the IRS does not recognize an FLP as a taxpayer (as it does for a corporation), and the income of the FLP passes through to the partners. So, you can shift business income and future appreciation of the business assets to other members of your family who may be in a lower tax bracket. The family as a whole can enjoy tax savings. From 2018 to 2025, subject to various limits, an individual taxpayer can deduct 20% of domestic qualified business income (excludes compensation) from a FLP.

Tip: The partners must report the income earned by the FLP on their personal income tax returns and are responsible for payment of any tax owed. Income is allocated to each partner based on his or her share of the contributed capital (i.e., pro-rata share).

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Gift and Estate Tax Considerations

One of the most powerful advantages of an FLP that we'd like our clients from Weyerhaeuser to be aware of is that it can help minimize federal gift and estate taxes.

This is accomplished in three ways:

Leveraging the annual gift tax exclusion and gift and estate tax applicable exclusion amount: Gifts of interest in an FLP are subject to federal gift tax (and possibly state gift tax). However, you can minimize or eliminate your actual gift tax liability by transferring FLP interests in increments that are free from gift tax under the annual gift tax exclusion ($15,000 per recipient in 2019 and 2020). Further, every taxpayer has a federal gift and estate tax applicable exclusion amount equal to the basic exclusion amount of $11,580,000 (in 2020, $11,400,000 in 2019) plus any deceased spousal unused exclusion amount, so transfers that do not fall under the annual gift tax exclusion will be free from gift tax to the extent of your available applicable exclusion amount. Both the annual exclusion and the basic exclusion amount are indexed for inflation and may increase in future years.
Taking valuation discounts: You may be able to discount the value of the FLP interests given away. That's because the limited partners have very restricted rights, such as:(a) the inability to transfer an interest, (b) the inability to withdraw from the FLP, and (c) the inability to participate in management. These restrictions can result in a business value that is significantly less than the value of the underlying assets. These discounts can be considerable, totaling as much as 35%. The discounts available include the minority interest (lack of control) discount and the lack of marketability discount.
Removing future appreciation from your estate: Business assets generally appreciate (increase in value) over time. Distributing your assets among family members (through the FLP) freezes the current value and keeps any growth in value out of your estate later. You may have to pay gift tax now, but it will be less than if tax is calculated on a higher future value.

FLPs Must Comply With State Law and IRS Requirements

An FLP is subject to more restrictive rules than other forms of business entities. Care must be taken to create a valid FLP in the eyes of the state and the IRS. An FLP will be recognized only if it is formed for a valid business purpose. The FLP form will be disregarded if the IRS or the state finds that it was formed solely to avoid taxes.

Some specific purposes for creating an FLP include:

To adopt a family succession plan
To simplify annual gifting by the senior generation
To minimize income, gift, and estate taxes
To protect assets from potential creditors
To protect assets from waste by heirs
To consolidate assets into a single entity
To keep the business in the family
To decrease estate and probate costs

Additionally, an FLP may own a closely held business (other than a corporation that has made an election to be taxed as an 'S' corporation), real estate, marketable securities, or almost any other investment asset. Homes, cottages, or other personal use assets are normally not suitable for an FLP.

Tips For Forming And Maintaining A Valid FLP:

Have one or more substantial nontax purposes for creating the FLP, such as asset protection
Keep good records
Create the FLP while you're still in good health
Observe all legal formalities when creating the FLP and while operating the business
Hire an independent appraiser to value assets going into the FLP
Transfer legal title of assets going into the FLP
Put only business assets into the FLP — don't put any personal assets into the FLP
If you do put personal assets into the FLP, such as your home, pay fair market rent for their use
Don't commingle FLP assets and personal assets — keep them separate
Never use FLP assets for personal purposes
Keep enough assets outside the FLP to pay for personal expenses
Distribute income to partners pro rata

What are the specific eligibility criteria for employees to participate in the Weyerhaeuser Pension Plan, and how do these criteria differ among salaried, non-union hourly, and union hourly employees? Understanding the nuanced eligibility requirements for the Weyerhaeuser Pension Plan is vital for employees considering their future retirement options. These guidelines not only determine who can partake in the plan but also influence the pension benefits they may accrue. Additionally, it would be beneficial to explore how changes in employment statusâ€”such as termination or reduction of hoursâ€”impact continuous eligibility in the plan.

Eligibility Criteria: Participation in the Weyerhaeuser Pension Plan depends on several factors, including whether an employee is salaried, non-union hourly, or union hourly. Salaried and non-union hourly employees accrue service until their employment ends, whereas union hourly employees' participation depends on collective bargaining agreements, with specific plan closure dates applicable at certain locations(Weyerhaeuser Company_Ef…).

Can you explain the process for calculating retirement benefits under the Weyerhaeuser Pension Plan, and what factors might affect final benefit amounts? This question delves into the critical components utilized in determining the retirement benefits for employees at Weyerhaeuser Company. Various elements such as length of service, salary history, and any contribution caps set by the IRS can significantly shape what an employee ultimately receives. Itâ€™s essential for employees to grasp how these factors interplay and what they can do to optimize their benefits as they approach retirement.

Retirement Benefit Calculation: Retirement benefits under the Weyerhaeuser Pension Plan are determined by a combination of vesting service and credited service. Vesting service establishes eligibility for benefits, while credited service calculates the benefit amount. Other factors, such as salary history, age at retirement, and IRS contribution limits, also affect the final benefit(Weyerhaeuser Company_Ef…).

What are the available options for beneficiaries under the Weyerhaeuser Pension Plan, and what specific documentation is necessary for designating a beneficiary? Naming a beneficiary is a crucial aspect of financial planning within the Weyerhaeuser Pension Plan. Employees must understand the rules surrounding beneficiary designations, especially in scenarios involving spouses and children. Furthermore, it is essential to explore the implications of these designations on peace of mind and financial security for the employeeâ€™s family.

Beneficiary Designation: Employees are required to designate a beneficiary for the pension plan, especially if they are married. If married, the spouse must be the primary beneficiary unless written consent is provided. Employees can name contingent beneficiaries if their spouse predeceases them, and these designations must be submitted on approved forms(Weyerhaeuser Company_Ef…).

In what ways can employees initiate the claims process if they believe there has been an error in their pension benefit calculations at Weyerhaeuser Company? This process encompasses several steps, starting with how to formally lodge a complaint about potential discrepancies in pension calculations. Clear communication channels within Weyerhaeuser's administrative structure must be succinctly outlined for employees. Additionally, understanding the implications of unresolved claims on their financial future adds depth to this inquiry.

Claims Process: If an employee believes there has been an error in their pension benefit calculation, they can file a claim in writing with the Weyerhaeuser Pension Service Center. The employee will receive a written decision within 90 days, with an additional 90-day extension if needed. If the claim is denied, the employee can appeal the decision(Weyerhaeuser Company_Ef…).

What kind of healthcare benefits is available to retirees from Weyerhaeuser Company, and how do these benefits interplay with the pensions under the Weyerhaeuser Pension Plan? Examining the intersection of pension benefits with retiree healthcare provisions can reveal critical information for employees planning their post-retirement lives. Employees should understand what healthcare coverage entails and how it could affect their overall financial wellbeing once they transition into retirement.

How does Weyerhaeuser Company ensure compliance with the Employee Retirement Income Security Act (ERISA) with respect to the administration of the Pension Plan? ERISA sets forth numerous regulations that govern employee benefits plans, and understanding how Weyerhaeuser adheres to these guidelines is important for employees. This inquiry should focus on specific practices that ensure transparency, equity, and protection for employees' pension rights under this federal law.

ERISA Compliance: Weyerhaeuser ensures compliance with ERISA by providing employees with the necessary documents, including summary plan descriptions and annual reports. ERISA also grants employees the right to obtain information about their benefits, including the Plan's funding status and eligibility requirements(Weyerhaeuser Company_Ef…).

What potential risks should employees be aware of when considering the termination of the Weyerhaeuser Pension Plan, and what recourse do they have if this occurs? Understanding the risks associated with plan termination, including the financial impact on retirement savings, is crucial for employees. Furthermore, Weyerhaeuser's obligations in such a scenario and the options available to employeesâ€”whether itâ€™s transitioning to another plan or taking a lump-sum payoutâ€”should be addressed.

Plan Termination Risks: Employees should be aware that if Weyerhaeuser terminates the pension plan, their benefits may still be insured by the Pension Benefit Guaranty Corporation (PBGC). However, some benefits, such as recent increases or non-vested benefits, may not be fully covered by PBGC(Weyerhaeuser Company_Ef…).

What resources does Weyerhaeuser Company provide for employees to calculate their estimated benefits before retirement, and how can these estimates assist in retirement planning? Tools and resources offered by Weyerhaeuser to facilitate personal benefit calculations play a pivotal role in financial planning. Employees should know where to access these tools, which can provide insights into potential retirement income and underscore the importance of proactive planning.

Resources for Estimating Benefits: Weyerhaeuser provides tools and resources, such as benefit estimate calculators, through the Weyerhaeuser Pension Service Center. Employees are encouraged to use these tools to help with retirement planning, including understanding potential income and preparing for retirement(Weyerhaeuser Company_Ef…).

How can Weyerhaeuser employees effectively contact the Pension Service Center for detailed inquiries regarding their pension benefits or the claims process? Efficient communication with the Pension Service Center is vital for employees seeking clarification about their benefits. Detailing the various methods availableâ€”such as phone, mail, or onlineâ€”will ensure that employees can swiftly address their questions and concerns regarding the Weyerhaeuser Pension Plan.

Contacting the Pension Service Center: Employees can contact the Weyerhaeuser Pension Service Center via phone at 866-288-2510 or online through the company's benefits portal. The service center provides assistance with benefit calculations, claims, and general inquiries about the pension plan(Weyerhaeuser Company_Ef…).

What changes to the Weyerhaeuser Pension Plan should employees be aware of that might affect their benefits or participation in the plan, and how are these communicated to employees? Awareness of any amendments to the pension plan is essential for employees to understand how their benefits may be influenced. Weyerhaeuser's approach to communicating these changes, whether through direct correspondence or public announcements, is key to ensuring that employees stay informed and can adapt their retirement planning accordingly.

Plan Changes: Employees will be notified of any material changes to the Weyerhaeuser Pension Plan through Summary of Material Modifications (SMM) documents. It is essential for employees to stay informed of these updates, as they can impact pension benefits and participation(Weyerhaeuser Company_Ef…).