Family Succession Planning

Family Succession Planning

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Greystone

If you intend to name a family member to succeed you in running your company, you have some advantages. The person you'll name (probably your son or daughter, son- or daughter-in-law) is someone you can identify easily, without an extensive search. You know that person's capabilities and shortcomings; he or she likely works for the company now, so you have a good idea of how well the future owner will do. That said, passing on your company to a family member can pose problems. Intra-family dynamics should be considered, which may not be the case if your successor is an outsider. Moreover, there are several methods of relinquishing ownership, all of which may be closely scrutinized by the IRS.

Making the Right Designation

Designating a family member as your successor can raise emotional issues. Does your son really want to run your business, working the long hours you've always put in? Is your daughter truly eager to jump off the partner track at her law firm to take charge of your company? Be honest with yourself, even if it leads to painful conclusions.

Playing fair

If you have more than one child, it's often the case that one will be the obvious successor. Passing on ownership to all the children and leaving one to run the company can lead to strife: The operator may feel like he or she is working to enrich siblings, and the outside owners might second-guess business decisions.

Naming the child who will manage the company as the sole owner may make sense, from a business perspective, but it also can deprive the others of a valuable asset. In such cases, it may be desirable to equalize the inheritances. (If you're married, your estate plan also should provide for a surviving spouse.) Situations differ, but life insurance might offer a way to compensate family members who won't wind up with your valuable business.

Transfer tactics

Your plan also should focus on the method you'll use to keep your company in the family. Broadly, here are your options:

·Sell it. This mode has the obvious benefit of providing you with income in retirement, enabling you to enjoy the fruits of building the business. Coming up with enough cash for the buyout may be difficult for your younger successor, so it might be necessary to arrange financing or an installment sale so payments will come from future company earnings, in some manner.

·Give it. Another option is to transfer some shares to your successor during his or her lifetime. Gift tax may be avoided or minimized by using discounts for fractional interests in the company while ownership might be motivational. On the downside, such gifts can reduce the income you'll get from the business and you should have a strategy for dealing with other children.

·Leave it. You can simply hold onto the company until you die and bequeath it to your successor. This approach allows you to remain in control and perhaps receive income from dividends once you stop working. A lack of ownership, though, might discourage your chosen successor and lead to that person's leaving for another opportunity.

No matter which of these methods you choose, the IRS may challenge the valuation involved. A below-market sale, for example, could be recast as part sale and part taxable gift. Thus, having a reliable valuation of the company should be part of your all-in-the-family succession plan. A sophisticated approach might involve a mix of selling, giving, and leaving your business to a younger relative. Tactics such as retaining income-producing shares while transferring operational control may be appropriate.

Whether you decide a family successor is right for you, or another exit strategy, HLB Gross Collins, P.C. can help you define a plan that will be most beneficial to you and to your successors.

Packard has been a client of HLB Gross Collins for 33 years, through the tough years and the growth years. They have been a loyal and trusted advisor to us for everything from Audited financials to our recent transition to 100% ESOP, we could not have completed this transaction without their expertise. The firm has grown with us over these years and we look forward to trusting them for all our accounting and tax needs for many years to come. I don’t know how to say enough about how I trust the advisors and friends I have a HLB Gross Collins.

Susan Kirkland, President

Packard, Inc.

With international dealings, not all CPA firms are created equal. Frustrated with complicated and inaccurate advise by our previous CPA, we were referred to HLB Gross Collins. HLB has been there to get to know who we are and to help us grow along the way by making suggestions and referrals that work for our business. No question is too small or large, all receive respectful and timely replies. The personal, reliable and professional services that Iliana and HLB staff have provided has been beyond measure, in the more than 11 years since we made the change.

Marc Lacourly

Prime Industries Inc.

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