Exit Planning Review  
  Exit Planning Information & Education for America's Business Owners  
 


The Exit Planning Review is an opt-in,
bi-monthly newsletter published by Business Enterprise Institute, Inc.

This issue is provided to you by Honeycutt, Smith & Associates , Paul Honeycutt.

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This article is presented by Paul Honeycutt who is a Registered Representative with/and offers securities through Commonwealth Financial Network, Member FINRA/SIPC.

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Issue 81

Family Business Transfers
Part Five: The Recipe for Success

Ingredient 4 Parental Financial Security Trumps All

In the first four parts of this series on family business transfers, we described the obstacles to such a transfer and the first three ingredients of a specific recipe for creating a successful intergenerational transfer. The first ingredient in that recipe is to engage in the same Seven Step Exit Planning Process™ that all savvy owners undertake to achieve a successful exit—modified for family business owners. The second is to allow only one child succeed in business ownership. The third is to design a transition that is fair to all children. (For a copy of any one of those issues, please contact Paul Honeycutt.) Today we look at the fourth ingredient:

Parental financial security and independence precedes any Transfer of ownership and control to the business-active child
For most owners, the business is the primary source of wealth and income. If this is true for you, you should have all of the desired cash in the bank before you transfer control and ownership.

Financial security comes in three basic varieties: those who have it; those who know how to secure it; and those who have the means to obtain it.

  • Those who have financial security can afford to receive less than full fair market value for their businesses. They have typically attained financial security by investing excess earning outside the business during their active years.
  • Those who know how to secure financial security commonly purchase assets outside of the business, and lease those assets back to the business for use. Assets purchased for lease typically consist of office, warehouse/manufacturing facilities, or equipment used by the business. Keeping these types of assets outside the business lowers the value of the business, thus easing its transfer to the active child by incurring less transfer (gift or estate) taxes. Keeping assets outside of the business also makes those assets (or wealth) available for transfer to the inactive children. Finally, keeping assets outside the business protects them from future creditors of the business after the parent has left.
  • Those who possess the means to achieve financial security are able to sell their businesses for cash to the business-active child. A business owner should not consider, even for a moment, transferring control, either operational or ownership, before financial security has been achieved. If an owner wishes to leave the business before accumulating enough wealth to be provided with sufficient independence, then it is incumbent upon the business-active child to obtain financing in order to pay sufficient cash for the ownership interest.

As a business owner, you must determine which flavor of financial security suits your palate. Keep in mind that even if your financial security does not depend on receiving full market value for your business, you must either insist upon it or accept the fact that by accepting less you are giving away at least a part of the business. Once you start giving things away the fairness issue crops up. If you don’t handle these fairness issues through your estate planning documents, your recipe has become, at best, unpalatable to the children.

Some of you may have noticed our definitions of financial security did not include selling a business, over time, for little or no cash to the business-active child. Although this course of action is all too common, it is fraught with peril and usually doomed to failure. At the outset of this article, we established that we would provide only successful recipes; hence, the omission.

Finally, those parents who sell the business for cash to the business-active child must begin the transfer process before they begin retiring. Under the best of circumstances, the modified cash method requires that the "pump be primed." A child must receive significant ownership before acquiring the balance of the company for cash. If the transfer is to occur over an extended period of time, it is vital that parents retain ultimate control as well as subject the stock transferred to the child to a buy-back agreement should the child leave for any reason. Also, in this agreement the parent will want to be obligated to repurchase any interest from a business-active child so that, if he or she chooses not to complete the buy-in process, you can execute your back-up plan.

Subsequent issues of The Exit Planning Review™ discuss all aspects of Exit Planning. The provider of this Newsletter (Paul Honeycutt) offer you unbiased information about what you most need to know — How To Run Your Business So You Can Leave It In Style™.

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DISCLAIMER: The information contained in this article is general in nature and is not legal advice. For information regarding your particular situation, contact an attorney or tax advisor. This newsletter is believed to provide accurate and authoritative information related to the subject matter. The accuracy of the information is not guaranteed and is provided with the understanding that none of the providers of this newsletter, including Business Enterprise Institute, Inc., is rendering legal, accounting or tax advice. In specific cases, clients should consult their legal, accounting or tax advisors.

The example provided is hypothetical and for illustrative purposes only. It includes ficticious names and does not represent any particular person or entity.

Paul E Honeycutt, CFP® Practitioner is a registered representative with/and offering securities and advisory services through Commonwealth Financial Network, member FINRA/SIPC, a Registered Investment Advisor, CA Insurance License Number 0728831. Financial Planning offered through H.S. Financial, Inc. in the states of CA and NV.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS under circular 230, we inform you that any U.S. Federal tax advice contained in this communication, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed herein.

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Exit Planning Information & Education for America's Business Owners

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