planning the transition or succession of your business, whether
to a family member or a third party can greatly enhance the
value of your business as well as help to avoid the potential of
costly tax consequences. Our experience will benefit you with:
• How to successfully exit your company.
• Evaluate alternatives - whether the strategy is to "Keep" the
business in the family or with current ownership, or to "Sell"
the business to an outsider.
• Positioning the business today to maximize your future
strategy and value.
• Should a transfer of the business occur within the family?
• How to handle the active and inactive shareholder roles.
• Perceived return on investments versus compensation.
• Implement Board of advisors/Directors or other strategic
• Income tax planning and coordination.
• Implement executive compensation programs for key management
with regard to compensation, alternatives to build equity and
• Employment contracts for the owners and other key personnel.
• At death, determine if business is to be sold. If so,
structure the transaction to maximize the after-tax benefit to
the family and other shareholders.
• Shareholder's agreements or stock restriction agreements.
• Proper financial and capital structure.
• Creative methods to extract dollars from the corporation.
• Evaluate public offering and comparison against other capital
• Communication of all planning via annual shareholder or family
• Evaluate all aspects of gifting opportunities.
• Determine the best vehicle to receive these gifts for the
benefit of the recipients.
• Valuation opportunities to maximize shareholder and family
• Should some of the business interest be sold to family members
at a discount? This approach freezes value and takes advantage
of current tax and case law.
• Succession planning in the event of premature death. Where
will the business go? Who should run it? Who will make the
• Recapitalize businesses for planning and control purposes.
• Mechanisms to get income to children if active or inactive in
• Transfer of business interest to the next generation.
Oftentimes this is done in conjunction with retirement planning
for the owner.
• Planning for the next generation of owners.
• Transfer of business interests between partners and their
• Does the business owner have sufficient assets apart from the
business to step away comfortably?