May/June 2012
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When selling isn’t an option — Alternative strategies to recoup your investment
Some business owners expect to sell their companies when they retire. But in the current business climate, owners can’t rely on getting top dollar for their investment. This article notes that business owners may benefit from considering alternative exit strategies such as joint ventures, management buyouts, or employee stock option (ESOP) plans. The article looks at some creative exit strategies to enable business owners to avoid selling their business interests for less than a fair price.
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Will your FLP be DOA? — Estate of Liljestrand provides some clues
The recent Tax Court case Estate of Liljestrand reads as a case study of what not to do with a family limited partnership (FLP). This article discusses the decision and points out some important lessons that can be gleaned from it, including the fact that attention to FLP formalities, retaining some personal assets outside the partnership, and obtaining a formal outside appraisal are key to withstanding IRS scrutiny.
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Back to the future — Create a viable buy-sell agreement now
A business owner needs a buy-sell agreement to provide liquidity and an orderly transition in the face of unexpected change. This article discusses the importance of ensuring the agreement is properly thought out. Failing to clearly define how value is to be determined, and how often, can lead to disputes that may undo the benefit of having a buy-sell agreement in the first place. The article explains that employing experienced valuation professionals can help avoid these problems and help address share price and funding issues.
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The critical difference between valuations and calculations
This brief article delineates the differences between valuations, which require a full range of appraisal procedures and approaches, and calculations, which are less comprehensive and more limited in scope. It’s important for potential users of appraisal reports to understand these distinctions in order to determine which type of report is most appropriate for their needs.
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