Monday, July 28, 2014

Buy-Sell Arrangements


Buy-Sell Arrangements 

Problem:
The owners of a closely held business want the business to stay with the remaining owners in the event of death, disability, or retirement of one of the owners. One of the business owners has expressed a concern that funds may not be available to buy out a deceased owner.

Prospects:
Owners of all closely held businesses including: sole proprietors, partnerships, S corporations, limited liability companies, and C corporations. Business owners that have an interest in:
• Establishing an estate tax value for the business.
• Ensuring a ready market for their business interest.
• Seeing that the business stays within the family or owner group.
• Ensuring that funds will be available to purchase a deceased owner’s interest.

Solution:
Establishing and funding a buy-sell arrangement with life insurance may be a cost-effective means to ensure the smooth transition of a departing owner. A buy-sell arrangement is an agreement in which one party agrees to buy, and another party agrees to sell, a business interest. Funding the arrangement with life insurance helps to ensure that cash will be available for the buyout, no matter when death occurs.

Additional Benefits of Establishing and Funding a Buy-Sell Arrangement:
For the departing owner or heirs:
• If properly drafted, implemented and maintained, the buy-sell agreement helps to establish the business value for estate tax purposes.
• It provides liquidity to help pay estate taxes and/or meet family income needs.
• It guarantees a buyer, providing a ready market for the sale of the business interest.

For the purchasing party(s):
• It minimizes the risk of the business being sold to outsiders and allows surviving owners and/or family members to retain control.
• Employees, creditors, and suppliers gain added security that the business will continue.
• When funded with life insurance, cash is available to help meet the purchase obligations created by the agreement.*

*For employer-owned life insurance policies issued after August 17, 2006, IRC § 101(j) provides that death proceeds will be subject to income tax; however, where specific employee notice and consent requirements are met and certain safe harbor exceptions apply, death proceeds can be received income tax-free. Life insurance proceeds are otherwise generally received income tax-free under IRC § 101(a)
 

CornerStone Financial
Whether your nest-egg is worth millions or thousands,
You and your family deserve it more than the government....

We are here to help you with all of your financial and insurance needs.  Our skilled professionals are licensed with over 100 top name companies and can help you gain a better understanding of the concepts behind insurance including investing, retirement and estate planning.  There are literally thousands of products to choose from, but we can help pinpoint what is best for you and your situation.  Please do not hesitate to contact us if you have questions.

Contact:
Eric Tuttobene
President/CEO  
CornerStone Financial
(615) 427-8780


IMPORTANT DISCLOSURES

The information presented here is not specific to any individual's personal circumstances.

To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

These materials are provided for general information and educational purposes based upon publicly available information from sources believed to be reliable—we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.