Many owners of family
business can find efficient ways to transfer the business to the next generation.
Your children can purchase the company at fair market value. The company may
want to purchase a new life insurance policy on your life to be paid for by
the company. The death benefit could be used to pay off company debt (including
IOUs if you have loaned them the money), redeem your shares, or to help the
new children-owners buy out the remaining shares owned by other parties such
as the children who are not involved in the company.
Alternatively, you could
own life insurance outside the company. The death benefit could pay for all
your capital gains taxes due, help equalize your estate by making non-business
children the beneficiaries, and provide an income for a surviving spouse.
Work with your financial advisor to determine what kind of life insurance
will be most effective, how the ownership of the policy should be set up,
and how benefits should be paid, either through the estate, or directly to
the beneficiaries thereby minimizing probate costs.
Where there is a buy-sell
agreement between you and your children-shareholders, life insurance on your
life, or jointly on your life and your spouse's life, owned by the purchasing
shareholders, will allow for the surviving purchasers to buy out your ownership.
If you plan to keep your business for several years, consider a split-dollar
policy. A split-dollar insurance policy allows the company to own and deposit
extra funds into the policy in order to accrue interest tax-deferred in the
company. You have the benefit of the insurance coverage personally outside
the company. This may mean that there will be a substantial asset in your
company after several years that you can be reimbursed for as a shareholder,
in the event of a sale if purchased by an outside party.
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