If you own a business or will inherit one, you should start to familiarize yourself with ways to protect the existing entity. If you’re inheriting a business, you need to make sure the person you are receiving it from has protected not only their interest but your future interest. Below you will find some information about estate planning for business owners and entrepreneurs.
Ownership Transfers
Whether you are the sole proprietor or a partner of an organization, you will need a succession plan for the inheritance of your portion of the company. When considering the direction of your enterprise after your departure, there are three main options:
1. Continue the business
2. Close up shop completely
3. Sell the interest to a buyer
Once the intended direction is known, it becomes easier to plan who will inherit the business and how the company will proceed into the future.
If the business is meant to continue, a valuable tool to utilize to increase the likelihood of its success is a living trust. By drafting a living trust for a business, the owner transfers their ownership so that it belongs to the trust. The owner will also name beneficiaries to receive the company along with a trustee to manage the trust during the transition. It should be noted that you could have the trust come into existence upon the death of a certain individual. This tool creates a clear plan of succession while also avoiding probate. Additionally, a trust would help to protect the assets from creditors and beneficiaries from personal liability.
For companies outside of Florida, a trust can help to avoid many taxes such as the estate taxes (also known as the death tax). Estate taxes can range from 35% to 50% of the value of the business. And because many small businesses do not possess much, if any, liquid equity, this debt must often be paid by selling the business.
Buy-Sell Agreements
A buy-sell agreement is a valuable tool to consider if you or your family have a partnership. It is an agreement between shareholders that dictates the plan of action in the event an owner dies or becomes incapacitated.
This will account for specific scenarios of incapacitation and can be broad or narrow, depending on what the partners want.
The agreement can:
The buy-sell agreement is another estate planning tool that allows you to dictate the future of your business in a manner directly instructed by you.
Take advantage of controlling this aspect of your company while you still can!
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