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Legal information: Business succession planning

By many estimates small business accounts for a major proportion of the accumulated wealth in the country and is often hailed as its economic backbone. Yet recent reports show that nearly half of all small business owners don't have a business succession plan. For small business owners succession planning is the key to transferring the family business, or its assets, to the kids. Part of this process is emotional, while other parts are financial and legal. Unfortunately, people who wait until they are near retirement to nail down these particulars find themselves, and their children, loosing a lot of money.



The emotional aspects of passing the business on to the children are challenging. Business owners must first decide who is getting the business, and in what percentages. Sometimes these kinds of decisions will be easier because of past events. One child may have chosen to work in the family business while another may have gone on to do other things. One may have spent years away but then returned home to participate in the business, while another might have never had any interest.



Things get more complicated though when more than one child is involved with the business, or want to be involved with the business. In other situations, even though there may be children who don't want to be involved with the business the business owners may still want to provide an inheritance to them. Creative succession planning will take that into consideration and potentially use other mechanisms like life insurance to bridge the gap.



So these deliberations and resulting decisions are deeply personal ones that the business owner needs to wrap up before moving forward with putting the pieces of the succession plan into place. While there are no universal guidelines to help with making these determinations some things owners may consider would include their own desires relative to inheritances, the past involvement of the children in the business, the abilities of the children, and the potential each child offers to the business.



A couple of options for the actual transaction are to give the business away, or, sell it to the children who will be taking it over.



When gifting the business there are tax implications since a married couple currently can only gift $24,000 per year as a tax-exempt gift. Couples also have a lifetime gift tax exemption of $2 million. For this reason many astute business owners will gift the business to the recipients at a time when the business's value


Below are the top articles rated and ranked by Helium members on:

Legal information: Business succession planning

  • 1 of 6

    by Duane Craig

    By many estimates small business accounts for a major proportion of the accumulated wealth in the country and is often hailed

    read more

  • 2 of 6

    by Lucie Shores

    Ultimately two issues can thwart the best laid plans of a family business owner: taxes and family discord. No one wants to

    read more

  • 3 of 6

    by Barnaby Meins

    A major concern that an owner of a family business faces is how to transfer the business to the next generation in a proper

    read more

  • 4 of 6

    by Palmer Blevins

    Many successful business owners may feel that bequeathing the family business to a child or other heir is sufficient enough

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  • 5 of 6

    by Paul Oranika

    One of the major issues facing owners of family or closely held businesses is how to implement an orderly and affordable

    read more

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Legal information: Business succession planning

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