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Estate Planning and Business Succession: Don't Let the Tail Wag the Dog

Who do you want to inherit your business? Do you want them to take ownership before or after you die? How can you be fair to all your children while leaving your business to only one of them?

These are the types of questions any business owner should contemplate before preparing an estate plan which should include a business succession plan.

Although many business owners may choose to utilize gift tax exclusions to minimize estate taxes associated with transferring business-related assets prior to death, Dick Fohn of Moss Adams, LLC, a large west-coast-based accounting firm, cautions exclusions may not be the best tactic. Getting the most from exclusions may require gifting to many children, and having multiple owners in a business setting may not be the best thing for the business. Fohn describes this as when "The estate-tax tail is wagging the ownership-succession dog..."

Fohn also indicates selling the business outright to a second-generation owner is probably not the best approach in terms of minimizing taxes.

Fohn recommends focusing on two factors: the financial interests of the business owner as he enters his golden years and being fair to all heirs even if only one heir should inherit the business. Once the owner has a general idea as to how to address these issues, an estate planning professional should be allowed to design an estate plan to minimize taxes within this framework. Fohn contends your business succession plan is more important than avoiding estate taxes.

Source: www.SkagitBusinessPulse.com, 4-10-06

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