In a time of uncertain politics, it is more important than ever for small business owners to consider their estate planning options. Without proper planning, a tax liability could force the liquidation of the business upon death or incapacitation.
Advocates of abolishing the estate tax argue that it is morally repugnant, harms family businesses and farms, and creates massive compliance costs and loopholes. Economic analysis cannot fully resolve these issues involving personal and value judgments across generations.
Liquidity Planning
It’s been said that “if you fail to plan, you plan to fail.” This has never been more true than in the business world.
Liquidity planning is a method of ensuring that a company has enough cash on hand to meet its spending obligations and investment requirements in the short term. This is an essential tool that every entrepreneur or managing director should use.
A liquidity plan is a forecast that compares all expected cash flows – incoming payments and outgoing transactions – for a given period. The graph shows how much cash a company has at the beginning of the planning period (period 0). In addition, it includes all outstanding invoices and the current account balance.
The plan is updated regularly and based on actual values. This means that the accuracy of the planned cash flow increases the closer the planning period is to the present. This is why the liquidity planning process should be carried out on a rolling basis.
Effective liquidity planning involves thoroughly understanding the liquidities of all assets in your business, including their value and ease of cash conversion. This will help you categorize your short and long-term spending needs into essential, preventive, and discretionary. Then you can determine which assets can be used as collateral for efficient and cost-effective cash borrowing in the future.
Tax Planning
Small business owners need to be aware that tax changes occur each year at both the federal and state levels. Many businesses must make quarterly estimated tax payments yearly based on their income and deductions. Small businesses can save hundreds of thousands of dollars with the proper tax planning.
Inheritance and wealth transfer taxes are highly controversial topics in public policy. Critics argue that they reduce savings, labor supply, and entrepreneurship. However, evaluating these claims with the available data and methodologies is challenging.
For example, the evidence on bequest motives could be more precise. Studies find that wealthy people may transfer limited wealth for tax reasons, but this does not appear to change the overall ratio of savings to investment. University of Michigan economist John Laitner’s recent paper, which embeds inheritance taxes in an overlapping generations model with altruistic bequest motives, indicates that removing the estate tax would not reduce saving, labor supply, or entrepreneurship.
Some studies also suggest that the specter of future estate taxes makes people slightly less likely to be self-employed or to keep their businesses going after death. This effect is much more pronounced among the affluent, who will likely be subject to the estate tax in California, for instance. But the emergence of sophisticated tax avoidance techniques makes it unlikely that this limiting factor substantially affects family-owned businesses. Consequently, repealing or weakening the estate tax beyond its current form would be unnecessary and fiscally irresponsible.
Insurance Planning
Many advocates of estate tax abolition view it as a morally repugnant levy that impairs economic growth, destroys small businesses and family farms, encourages spendthrift behavior, generates enormous compliance costs, and leads to ingenious sheltering schemes. However, the evidence for these claims is mixed.
For example, some empirical studies suggest that recipients of large inheritances increase consumer spending and reduce their labor supply. But others show donors save and donate more when bequests are conditioned on estate taxes.
Some studies also find that the number of endowments varies greatly depending on the estate taxes and the size of pre-inheritance incomes. As a result, assessing the costs and benefits of various estate-tax provisions, including rates and exemptions, and their impact on saving, endowments, and charity is essential.
Nevertheless, the existing evidence only justifies further weakening the estate tax beyond its 2009 parameters or creating additional particular preferences for small businesses and farm estates. Only a tiny fraction of estates are taxable, and the overwhelming majority have no business or farm assets. Moreover, the vast majority of taxable people have no liquidity constraints. Adding particular preferences would drain the Treasury and harm small businesses, farms, and charities. Instead, focusing on addressing the weaknesses of the individual insurance market is more appropriate, including guaranteeing access to coverage and eliminating premium surcharges for those with pre-existing conditions, setting up health insurance exchanges, and providing subsidies for individuals who cannot afford coverage.
Business Succession Planning
Often overlooked, business succession planning is essential in preparing for the eventual exit from your business. It provides peace of mind that your business will continue to operate well after you leave and reduces the risk of family drama and monetary loss if there is no proper plan.
There are many ways to transition your business from you to a successor owner, including selling the company, giving it to an heir, or liquidating the business. A good business succession plan will provide a smooth transition for the successor owner and your family while minimizing legal taxes.
Creating a business succession plan can involve estate and tax issues. As a result, it’s essential to seek out the assistance of a Maryland business attorney who can help you create a comprehensive plan for your company.
A business succession plan sg components: A list of potential successors with their strengths and order of consideration. A formal business va straightforward, with a detailed evaluation method and frequent updates. Doccriticalntation of critical employees and their roles in the business. The plan should also outline how the succession will be funded, if necessary, such as through life insurance or seller programming. The program should also identify outstanding debts and include a specific repayment plan.
