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Moore Colson Newsletter - June 2006

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Celebrating our 25th Anniversary


When there’s no heir apparent

Planning for business succession is more difficult if there are no family members, co-owners or key employees to step into your shoes. In such cases, you must find another exit strategy.

Two options are to sell your business to outsiders or to liquidate. A sale is typically preferred — for both financial and emotional reasons. An easy sell might be to one of your competitors. Often similar companies, or those in related lines of business, will view your company as a good expansion vehicle. Evaluate whether the business would generate more proceeds if sold intact, or broken down in asset groups. Your business could also be acquired in a merger-type of transaction, which could leave you with stock in the acquiring company.

In certain circumstances, liquidating might be your best option. For example, if you have valuable equipment but your business is so unique that it’s unlikely a successor can be found, selling the business may not be possible. In this case, you could sell the assets and liquidate. Assets sold before liquidation could include equipment and any intangibles, such as trade names, trademarks, patents, copyrights or other intellectual property rights.



 

 

 

 

 

 

 

 

 
 
Share your assets
How to provide for children from a previous marriage and your spouse

For most families, an estate plan is indispensable. It enables you to ensure your spouse and children are financially provided for and your wishes are carried out not only after your death, but also in the event you become incapacitated during your life. Having documentation in place also helps you share as much of your wealth as possible with your loved ones while minimizing the tax bite.

Estate planning can be complex even in the most traditional families. But today, second and third marriages are increasingly common, complicating the process even further. If you have children from a previous marriage, failing to plan can lead to unexpected — and unwanted — results. This article explores estate planning options such as creating a qualified terminable interest property trust or irrevocable life insurance trust.

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Fragile transactions
Handle shareholder loans with care

Shareholders of closely held corporations often look for ways to take money out of the company without triggering tax liability. C corporation shareholders, in particular, are concerned about double taxation: Earnings are taxed once at the corporate level and again at the individual level when they’re distributed to shareholders as dividends. To avoid double taxation, C corporations usually pay out as much as they reasonably can to shareholder-employees as deductible compensation. Some corporations choose another route by making loans to their shareholders. Because of this, the IRS is suspicious of shareholder loans. This article details the importance of documenting shareholder loans to avoid having them be treated as constructive dividends and being hit with back taxes, interest and penalties. (Case cited in article is: Teymourian v. Commissioner, TC Memo 2005-232.)

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There’s no better time than the present to plan your future
How succession planning can benefit your business

You’ve spent a lifetime building a successful company, and now you’re looking forward to the freedom of retirement. To ensure a worry-free exit from the workplace, you need to plan for the continuance of your company. This article takes you through the planning process — from determining the business’s value to considering your retirement goals and income needs. A helpful sidebar offers insight on disposing of a business when there’s no “heir apparent.”

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Not your run-of-the-mill retirement planning ideas

You work hard to ensure your long-term financial security. But is your money working just as hard for you? This article takes a look at some retirement planning ideas that you may not have considered. For example, taxable investments (stocks, mutual funds and bonds) are typically taxed at lower rates and give you easier access to your funds should the need arise. (Funds within an IRA or 401(k) are taxed as ordinary income when withdrawn.) The article also covers compensation arrangements that can help ensure a more comfortable retirement and how to make wise choices when designating beneficiaries.
 

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