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Case #13
Father/Son Succession Plan
Profile:
Small, heavy construction contractor was near
retirement. Company had a pension plan in place,
but no buy/sell or estate plan. Father and son
operated the business. Company had 7 employees.
Problem:
Company was too valuable to gift outright to son.
Family was concerned about equalizing estate values
with other son who was not active in the business.
Company was continuing to grow and making the
problem bigger.
BMI Solution:
BMI appraised the company using discounts to reduce
value. Total value was reduced 60%. BMI then set
up a retirement plan for the father which created
a liability equal to book value. Father was able
to recapitalize the company and gift the stock
to the son for $100,000, making the purchase price
totally tax deductible in the form of a retirement
benefit. To equalize with the son. BMI arranged
for the retirement plan to be payable to
the son at Mom and Dad's death, estate and income
tax free.
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Case
#14
Equalization of Assets to Heirs
Profile:
Local farmer with two sons operating the ranch.
There are two other children not involved in farming
operation.
Problem:
Father (72) wanted to protect the farm operation
from estate taxes and pass the ownership to the
two boys operating the ranch. Wanted to equalize
with the other children.
BMI Solution:
BMI arranged for a gifting program to pass acreage
to the boys at today's valuation. BMI restructured
the estate plan and calculated the estate costs
and value of non-farm assets. To equalize with
the other children, BMI arranged for insurance
financing to fund the estate tax liability and
provide equalization for the non-farm children.
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Case #15
Control During Succession Plan
Profile:
Telecommunications company with multiple family
members involved. Son is operations manager.
Problem:
Dad is ready to retire and wants to structure
a plan to pass ownership to his children. Dad
is worried about estate taxes and how to maintain
control of the company while passing on the appreciation
to the children.
BMI Solution:
BMI appraised the company to determine the lowest
value the IRS would accept for estate tax purposes.
Dad recapitalized the stock and gift the non-voting
stock to his children in the business. Dad retained
the voting stock and control. The values of the
stock was less than 5% of the FMV of the company.
BMI structured a buy/sell between the children
and arranged for the voting control to be passed
to the son who was in charge of operations. The
son had the option to purchase the stock from
the other children. |
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Case
#16
Succession Plan with Partial Ownership
Profile:
Large oil field construction company owned by
father with son in the business.
Problem:
Father was faced with a potential unreasonable
compensation problem due to the profitability
of the company. He was also concerned about the
business continuity issue and wanted to formulate
an estate and business succession plan.
BMI Solution:
BMI did an analysis of the wages the father had
not earned during the beginning years of an offsetting
liability to defray the income tax liability.
BMI also designed an estate plan to provide liquidity
to fund their estate tax liability. BMI also designed
a business succession plan to give partial ownership
to the son. |
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