Posts Tagged ‘estate tax purposes’

Think Fast: What’s Your Business Worth?

Thursday, April 16th, 2009

Give the right answers and you can win big bucks on many TV game shows. Typically, the host only allows about 15 seconds for the contestant to give the right answer.

Okay, try this quick quiz: What is the most valuable asset you own? Hands down, almost every business owner answers, “My business.” Good! Next question … What’s your business worth? Silence! Yes, the final and most common answer is no answer — given 15 seconds or 15 months.

What happens in real life when those same business owners or their families must value the business? Stuff happens! Things like gifts of the family business stock to the kids; death (requiring valuation for estate tax purposes); or divorce (where valuation becomes an expensive legal battle).

Or, how about buying or selling a business? The wrong valuation can rob you and your family of hard-earned dollars. It can even cause your business to be sold to pay taxes.Here are three business valuation myths that I hear from business owners and their families when I consult with them. First, the business is worth book value (usually this value is too low); second, the value is eight to 10 times after-tax earnings (usually this value is too high); and third, an S corporation is worth more than a C corporation (a corporation that pays income tax) because an S corporation doesn’t pay income tax. (This is just plain wrong. There’s no difference in value.)

Visualize this: There are two piles of stock in front of you. One pile is made up of publicly traded stock, like Microsoft, IBM and Exxon Mobil Corp. with a total value of $4 million. The second pile is the stock of Your Family Business, Inc. (YFB, Inc.), also worth $4 million by the “right” (even the IRS would agree) valuation method. Think for a minute. Which pile is worth more? Right, the first pile: the publicly traded stock. Just call your broker and you can have the full $4 million in your bank account, less the broker’s commission, in a few days. What about the value of the second pile-YFB, Inc. stock? Well, the fact is that for tax purposes the courts give you a discount for general lack of marketability of about 35 percent, or about $1.4 million.

So, for tax purposes the stock of your $4 million family business is only worth $2.6 million. Surprise! Even the IRS has come around to agree with such discounts. The discount will, in this example, save your estate about $700,000 in estate taxes.

What is the most common reason for valuing a family business? Hands down, when dad (or mom or both) want to transfer the business to the kid(s). Now during dad’s life.

Dad usually has three basic requests: (1) “Make sure my lifestyle (and my spouse’s) can be maintained for life”; (2) “Want to control my business (and my other assets for as long as I live”; and (3) “Transfer my business to my kids tax-free (no income tax, capital gains tax or other taxes).”

Yes, all three basic requests are easy to accomplish if you employ the proper tax-strategies: The core strategies are (1) a well-done valuation (acceptable by the IRS), which is easy to do; (2) a recapitalization (creates voting and nonvoting stock); (3) use an intentionally defective trust (avoids all taxes on transfer of nonvoting stock to kids).

But we need some readers to volunteer their family businesses so we can structure a plan(s) and then write about them in future columns. Real names will be withheld. Don’t worry about your exact facts Maybe you have only one kid in the business; maybe two or more; maybe some in the business, some not; or maybe no kids in the business and you want to get the business to one (or more) employee(s) (and, of course, they have no money).

Just two ground rules: (1) You really want to transfer your business to your kids, other family members or employees (no hypotheticals) and (2) your business has a real fair market value of $3 million or more (your best guess of what a real buyer would pay). Just call me (Irv Blackman) at 239-417-9732 and let’s chat about your exact situation.

Multi-generational planning means more wealth for all.

Monday, March 30th, 2009

While browsing though my small mountain of files looking for ideas on what to write, I ran across a timely and interesting article in an old issue of Newsweek titled, “Darling, It’ll All Be Yours — Soon.” The article explains how “the inheritance boom is quietly reshaping how we think about death.” How true.

When I began my professional practice as a certified public accountant and lawyer back in the 1950s, a millionaire was hard to find. Today, millionaires are plentiful. And when it comes to estate planning, they scurry around trying to find a professional who can lower their estate tax before they get hit by the “final bus.” The Newsweek article by Robert J. Samuelson, like so many other articles, entertainingly explored the problem but offered no solutions.

Let’s set the scene for how you — whether mom and dad trying to give it away tax-free or one of the kids on the receiving end — can, in fact, solve the problem. Let’s start with the elders, mom and dad, who have the wealth.

Fact number one: You aren’t dead yet. Typical estate plans, such as separate wills and trusts for him and her, don’t speak until you are dead — too late to beat the tax collector. The solutions lie in lifetime planning. A lifetime plan keeps you in control of your wealth for as long as you live, yet transfers it—including your business—to your kids (and grandkids) while you are alive.

Fact number two: Years of experience have taught us that wealth is always passed to the younger generations of the family. And then the younger generations step into mom’s and dad’s shoes and typically increase the family wealth.

This gives the second generation an even bigger estate tax problem than mom and dad had.

Here’s how we solve this do-not-enrich-the-IRS estate-tax problem:

Logic tells you that children, particularly business children, are likely to become wealthy.

Usually these children accumulate more wealth than their mom and dad — to be repeated again when the family wealth goes to the grandchildren two generations later. Because of this generation-to-generation wealth transfer, we view each generation of the family separately in terms of their special needs and objectives.

Yet, the plan should not be just for mom and dad. It should be a comprehensive and integrated plan for the entire family. Following is an overview of how it’s done.

Keep your wealth — every dollar of it — in your family, instead of losing it to taxes.

• First Generation. Install a lifetime plan that removes wealth from your taxable estate during life. Use strategies like a qualified personal resident trust for your residence; an intentionally defective trust for your business; a subtrust for your profit-sharing plan, rollover IRAs and similar plans; a family limited partnership for your other assets (typically investments, like stocks, bonds and real estate); and an irrevocable life insurance trust for insurance, probably second-to-die. All of these strategies — and there are many others — begin their work now while you are alive and allow you to stay in control of your assets, including your business, for as long as you live.

Of course, we’ll dovetail your will and trust (death documents) with your lifetime plan. But when done right, your death documents just clean up what’s left. The first part of the family plan, including a business succession plan, and your wealth transfer plan are completed tax-free while you and your spouse are alive.

• Your Kids—Second Generation. After completing a comprehensive plan for mom and dad, it is easy to project what the financial future of the kids might look like. As soon as we finish the plan for the first generation, we start a plan for each of the kids, based on their individual assets and objectives.

• Your Grandchildren— Third Generation. The plans for this generation are closely tied to the plans of the two older generations. Probably the most important point to keep in mind, because of the young ages in this generation, is getting the children into a tax-free environment as soon as possible, a wealth-building must. These plans center on short-term and long-term tax-advantaged strategies that fulfill lifetime needs: education, buying a house, starting a business and, if they don’t go in to the family business, building a retirement fund.

A tale of two clients

Friday, March 27th, 2009

It is rare that I consult with any two clients who are the same. Or even almost the same.

This column is an exception to the rule.

Two couples called me for a second opinion in the same week. They wanted my advice on their four-year-old estate plans.

Let’s start with the basic facts.

Estate A

Joe, 67, and May, 65, have three children, none of whom is in the business. For their five grandchildren they used an education plan.

They used a family limited partnership for their $400,000 in cash assets and their $9.6 million invested in stocks and bonds.

The couple used a 50/50, a method for holding title to their homes yielding a large discount for estate tax purposes, for their two residences worth $1.8 million.

They used a subtrust for their $2.4 million in IRA and 401(k) investments.

They sold their business and their total assets are $14.2 million.

Estate B

Pat, 62, and Sue, 61, have three children, all of whom are in the business. For their seven grandchildren they used an education plan.

They used a family limited partnership for their $300,000 in cash assets and their $1.9 million invested in stocks and bonds.

The couple used a 50/50 for their two residences worth $2.1 million.

They used a subtrust for their $2.2 million in IRA and 401(k) investments.

They used an intentionally defective trust for their business worth $7 million. They used another family limited partnership for their business real estate worth $2.6 million.

Their total assets are $16.1 million.

A few more facts: Joe had a successful business that he wanted to transfer to his son, Sam (the only business child), who ran the business daily.

Sam was killed in an auto accident. Heartbroken, Joe sold the business, including the business real estate. The after-tax proceeds are included in Joe and May’s investments.

An interesting point is that if Joe had not sold his business, the total assets for Joe and May and for Pat and Sue would be almost identical.

Also, the asset mix now — except for the business and business real estate — is identical.

If both couples got hit by the same bus (with their current estate plans in place), the estate tax liability using 2011 rates would be about $6.8 million for Joe and May and $7.7 million for Pat and Sue. That leaves a net of $5.4 million to Joe and May’s family, and $6.4 million to Pat and Sue’s family.

Now look at Estate A’s strategies — the family limited partnership and subtrust — and Estate B’s strategies — the family limited partnership, subtrust and intentionally defective trust. You get a quick bird’s-eye view of two typical estate plans: one without a family business and one with a family business.

This column over the years has hammered away at the concept that you design a proper estate plan by selecting the right strategies to satisfy your goals based on the assets you own. Basically, these two families have identical goals: to maintain their lifestyles for as long as they live, to pass their wealth on to their heirs intact (eliminating the impact of the estate tax) and to educate the grandchildren.

And, of course, Pat and Sue have one more goal: to transfer the business tax-free to their three sons, all of whom are active full time in the business.

One final goal: Both Joe and Pat want to control all their assets — including the business, for Pat — for as long as they live.

Pause for a moment. How many of the above goals are the same for your family?

The strategies used in both of the estates accomplish all the goals listed for both families. The single biggest tax-saver and creator of tax-free wealth is the subtrust, which was used to buy second-to-die life insurance ($5 million for Joe and May and $6 million for Pat and Sue).

When the new estate plans are fully implemented, it is estimated that the families will receive the following dollar values of assets — all taxes, if any, paid in full: Joe and May in excess of $16 million; Pat and Sue in excess of $18 million. These amounts are more than double what would have been received under the old estate plans.

Estate Tax Blog

by Irv Blackman

First and foremost, Irv Blackman is both a CPA and a lawyer. Irv is a tax guy. Stay tuned to the site by signing up for the RSS feed.