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Joe Baldwin, EA Farm Credit East Joe Baldwin, EA Farm Credit East

Joe Baldwin, EA Farm Credit East - PowerPoint Presentation

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Joe Baldwin, EA Farm Credit East - PPT Presentation

3157817100 Josephbaldwin farmcrediteastcom TAX ISSUES WITH SUCCESSION PLANNING OPPORTUNITIES WHICH ENTITY TYPE IS THE BEST FOR SUCCESSION PLANNING WHICH ENTITY TYPE IS THE BEST ID: 628431

equity profits llc interest profits equity interest llc 000 worth net tax appreciation recipient capital transfer book gift business

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Slide1

Joe Baldwin, EAFarm Credit East315-781-7100Joseph.baldwin@farmcrediteast.com

TAX ISSUES WITHSUCCESSION PLANNING

OPPORTUNITIESSlide2

WHICH ENTITY TYPE IS THE BEST FOR SUCCESSION PLANNING?

?Slide3

WHICH ENTITY TYPE IS THE BEST FOR SUCCESSION PLANNING?

S CORPS

FOR LIFE!!!

NO WAY!

LLCS

ALL DAY!

WHATEVER

JEFF FETTER

TELLS ME!Slide4

WHICH ENTITY TYPE IS THE BEST FOR SUCCESSION PLANNING?

S CORPS

FOR LIFE!!!

NO WAY!

LLCS

ALL DAY!

WHATEVER

JEFF FETTER

TELLS ME!Slide5

WHICH ENTITY TYPE IS THE BEST FOR SUCCESSION PLANNING?

LLCs

Disclaimer: Depends on Facts and Circumstances, but generally speaking LLCs are preferredSlide6

A

wants to transfer 50% of his business to B

A

BSlide7

A

wants to transfer 50% of his business to B

A

B

SELL IT

GIFT IT

EARN ITSlide8

A

wants to transfer 50% of his business to B

A

B

SELL IT

A now has a large taxable gain!!

B can’t cash flow the purchase

B can’t get the financing

Limited Flexibility with Timing

Depreciation Recapture IssuesSlide9

A

wants to transfer 50% of his business to B

A

B

SELL IT

A now has a large taxable gain!!

B can’t cash flow the purchase

B can’t get the financing

Limited Flexibility with Timing

Depreciation Recapture IssuesSlide10

A

wants to transfer 50% of his business to B

A

B

A worked hard for this equity!!....

A might use up gift/estate exemptions

A

nnual exclusion gifts take forever!!!

B might not be ready

B’s siblings now resent B!!

GIFT ITSlide11

A

wants to transfer 50% of his business to B

A

B

A worked hard for this equity!!....

A might use up gift/estate exemptions

A

nnual exclusion gifts take forever!!!

B might not be ready

B’s siblings now resent B!!

GIFT ITSlide12

A

wants to transfer 50% of his business to B

A

B

A recognizes no gain from sale

A preserves gift/estate exemptions

B is incentivized, both A & B benefit

B builds equity while deferring tax

Timing of transition easily controlled

EARN ITSlide13

LET’S GIVE “B”

A PROFITS INTERESTSlide14

CAPITAL INTEREST

PROFITS INTEREST

UNDERSTANDING

INTERESTSSlide15

CAPITAL INTEREST

ENTITLES RECIPIENT TO A SHARE OF LIQUIDATION PROCEEDS

PROFITS INTEREST

ENTITLES RECIPIENT TO A SHARE OF FUTURE PROFITS AND APPRECIATION

UNDERSTANDING

INTERESTSSlide16

A

B

NET WORTH =

$800,000

NET WORTH =

$0

STARTING POINTSlide17

A

B

NET WORTH =

$400,000

NET WORTH =

$400,000

OBJECTIVE IS REALLY TO GIVE B 50%

CAPITAL INTEREST

Slide18

A

B

NET WORTH =

$400,000

NET WORTH =

$400,000

OBJECTIVE IS REALLY TO GIVE B 50%

CAPITAL INTEREST

BUT

WE

CAN’TSlide19

CAPITAL INTEREST

ENTITLES RECIPIENT TO A SHARE OF LIQUIDATION PROCEEDS

PROFITS INTEREST

ENTITLES RECIPIENT TO A SHARE OF FUTURE PROFITS AND APPRECIATION

UNDERSTANDING

INTERESTSSlide20

CAPITAL INTEREST

ENTITLES RECIPIENT TO A SHARE OF LIQUIDATION PROCEEDSTRANSFER OF CAPITAL INTEREST IS EITHER A GIFT

OR TAXABLE TO RECIPIENT

PROFITS INTERESTENTITLES RECIPIENT TO A SHARE OF FUTURE PROFITS

AND

APPRECIATION

TRANSFER OF PROFITS INTERESTS CAN BE

TAX

FREE

TO BOTH PARTIES

UNDERSTANDING

INTERESTSSlide21

1.) SUBSTANTIALLY CERTAIN AND PREDICTABLE STREAM OF INCOME

OR2.) PARTNER DISPOSES OF INTEREST WITHIN

TWO YEARS OF RECEIPTTax free unlessSlide22

Let’s see how it works…Slide23

A

B

NET WORTH =

$800,000

NET WORTH =

$0

50%

PROFITS INTEREST Slide24

A

B

NET WORTH =

$800,000

NET WORTH =

$0

50%

PROFITS INTEREST

ASSUME

$100,000 Profits and

$100,000 AppreciationSlide25

A

B

NET WORTH =

$900,000

NET WORTH =

$100,000

YEAR

1Slide26

A

B

NET WORTH =

$1,000,000

NET WORTH =

$200,000

YEAR

2

(By the way, only paid tax on $100,000)Slide27

BSlide28

A

I wonder what would

h

appen if I let B have

75%

of the profits?Slide29

BSlide30

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

BOOK INCOME

BOOK LOSSES

APPRECIATION

DEPRECIATION

END.

EQUITY IN LLCSlide31

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

BOOK INCOME

BOOK LOSSES

APPRECIATION

DEPRECIATION

END.

EQUITY IN LLC

OPPORTUNITIES –

FACTORS WE CAN “CONTROL”

1

2

3

Which of the

three

can we “control”?Slide32

EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

TAX PROFITS

TAX LOSSES

APPRECIATION

DEPRECIATION

EQUITY IN LLC

ACCELERATE DRAWS/ GPS

PROFITS

INTEREST

OPPORTUNITIES –

FACTORS WE CAN “CONTROL”

PROFITS

INTEREST

2

1

3

I would argue

all three

!!!Slide33

EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

TAX PROFITS

TAX LOSSES

APPRECIATION

DEPRECIATION

EQUITY IN LLC

ACCELERATE DRAWS/ GPS

PROFITS

INTEREST

OPPORTUNITIES –

FACTORS WE CAN “CONTROL”

PROFITS

INTEREST

2

1

3

I would argue

all three

!!!Slide34

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

TAX PROFITS

APPRECIATION

END.

EQUITY IN LLC

Three ways to build equity in LLC.

Which is the

best

?Slide35

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

TAX PROFITS

APPRECIATION

END

EQUITY IN LLC

Already paid tax on these!!!

Ticking

time bomb!?!Slide36

EQUITY IN LLC$8 Million

CAPITAL

CONTRIBUTED

TAX PROFITSAPPRECIATION

EQUITY IN LLC

$8 Million

Solution: “Diversify”… Gain Equity by all three methods?Slide37

OTHER CONSIDERATIONSDepreciation during down cycles… plan backfires?

Power of the Guaranteed Payment

Family Partnership Rules, and other ambiguitiesBuilt In Gains on ContributionSlide38

BSlide39

Power of the guaranteed payment

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

BOOK INCOME

BOOK LOSSES

APPRECIATION

DEPRECIATION

END.

EQUITY IN LLC

A should take a

D

raw

B should take a

GP

In the real world…

Both A and B need cash from the businessSlide40

SummaryHere’s the top 4 slides in case you zoned out…Slide41

CAPITAL INTEREST

ENTITLES RECIPIENT TO A SHARE OF LIQUIDATION PROCEEDSTRANSFER OF CAPITAL INTEREST IS EITHER A GIFT

OR TAXABLE TO RECIPIENT

PROFITS INTERESTENTITLES RECIPIENT TO A SHARE OF FUTURE PROFITS

AND

APPRECIATION

TRANSFER OF PROFITS INTERESTS CAN BE

TAX

FREE

TO BOTH PARTIES

UNDERSTANDING

INTERESTSSlide42

1.) SUBSTANTIALLY CERTAIN AND PREDICTABLE STREAM OF INCOME

OR2.) PARTNER DISPOSES OF INTEREST WITHIN

TWO YEARS OF RECEIPTTax free unlessSlide43

BEG.EQUITY IN LLC

CAPITALCONTRIBUTED

DRAWS

BOOK INCOME

BOOK LOSSES

APPRECIATION

DEPRECIATION

END.

EQUITY IN LLCSlide44

OTHER CONSIDERATIONSDepreciation/losses during down cycles… plan backfires?

Power of the Guaranteed Payment

Family Partnership Rules, and other ambiguitiesBuilt In Gains on ContributionSlide45

Thank you