Business Owners And Their Issues


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Common Issues that all Business Owners face

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Business Owners And Their Issues

  1. 1. BUSINESS OWNERSAND THEIR ISSUESRick Machtinger B.B.A., M.B.A., C.F.P.Director New Business DevelopmentDesjardins Financial Security Independent Network100 York Blvd, Suite 105Richmond Hill, Ontario L4B 1J8Phone: (905) 707-5795 ext. 226Toll Free: 1-877-707-5795Fax: (905)
  2. 2. Table of ContentsPersonal Financial Security Issues 3Business Financial Security Issues 3Transition Planning Objectives 3Business Loan Protection 4Key Person Protection 4Business Succession 4Business Succession on Death 5Business Succession on Death Continued 6Business Succession on Critical Illness or Disabilty 7Business Succession on Retirement 8Buy-Sell Agreement 9Estate Planning 10Estate Equalization 10Estate Conservation 10 2
  3. 3. B USINESS O WNERS AND T HEIR I SSUES PERSONAL FINANCIAL SECURITY ISSUES:1. Retirement2. Family income in the event of death and disability3. Wealth accumulation4. Health Care5. Financial Effects of spouse dying BUSINESS FINANCIAL SECURITY ISSUES:1. Business continuation in the event of death or disability of the owner2. Access to capital and credit3. Capital gains tax4. Key person loss5. Smooth transfer to family heirs (in case of a family business)6. Employee health and lost productivity7. Employee retirement TRANSITION PLANNING OBJECTIVES:1. Provide for family-maintain family’s lifestyle2. Maintain business value-Owner is the value, if no longer there, the business value will drop if no provisions are made3. Provide for succession-the business is the owner’s legacy4. Maintain family harmony-children can be petty and greedy, estate equalization can become an issue5. Tax minimization-Manage the potentially large capital gains bill at death so assets don’t have to be liquidated 3
  4. 4. BUSINESS LOAN PROTECTION: To ensure the business debts are repaid on the death, critical illness or disability of the owner or key person1. Will the loan be called?2. Can the business survive?3. The estate will have to repay the loan if the business can’t KEY PERSON PROTECTION: To provide funds to the business to offset the financial losses arising on the death, critical illness or disability of those key persons1. Creditors can call in their loans2. Business could fail3. Customers could leave4. Business profits could drop BUSINESS SUCCESSION: A plan to ensure the smooth transfer of a business or interest in a business at the time of death, critical illness, disability or retirement of the business owner1. The greater the degree of dependence on the business owner, the greater the chances that the business will have to be liquidated in case of death, disability or retirement2. In addition, if the business owner is close to retirement age and is counting on the business for his retirement assets, the odds are increased that the business will be sold3. The idea is to reduce the dependency of the business on the business owner 4
  5. 5. BUSINESS SUCCESSION ON DEATH:Involves a plan to ensure the smooth transfer of the business interest at the timeof death of a business owner. A smooth transfer of the business will providefinancial security for the deceased’s family, maintain the value of the businessand maintain family harmony.One Owner-Business will have to be liquidated, usually at a lossØ Debts will have to be repaidØ There may be insufficient funds available to generate an income for the heirsMore than one owner and unrelated-Need for the surviving owners to buyout that one owner’s heirØ What is the fair market value of the deceased owner’s share worthØ Who will run the businessMore than one owner and relatedØ Who will run the businessØ Need for estate equalization to maintain family harmonyØ Will the business be able to support everyoneBusiness is liquidatedØ Personal liabilities, bank loans and mortgages will have to be taken care ofØ Probate fees and taxes will have to be looked afterØ Adequate income will need to be provided to maintain family lifestyleØ Business value will likely decreaseBusiness is sold as a going concernØ Will there be sufficient income for the heirsØ Will the business’s line of credit still be availableØ Will the new management be able to run the businessBusiness is retained in the familyØ Estate equalization to the other members of the family who don’t get as large or even piece of the pieØ Who will get the power or control as opposed to just shares (who will run the business) 5
  6. 6. BUSINESS SUCCESSION ON DEATH (CONTINUED):Funding Alternatives:Ø Cash on HandØ Sinking fundØ Borrow from the bankØ Sell the businessØ Insurance 6
  7. 7. BUSINESS SUCCESSION ON CRITICAL ILLNESS OR DISABILITY:Involves a plan to ensure the smooth transfer of the business interest at time ofcritical illness or disability. A smooth transfer of the business will providefinancial security for the critically ill/disabled owner’s family, maintain the valueof the business and maintain family harmonyOne Owner Ø Probability of critical illness/disability is greater than death prior to age 65 Ø There is no one to back up the owner to run the business or provide for his family Ø The business may have to be liquidated at a substantial loss Ø Personal assets may have to be liquidatedMore than one owner Ø Odds of critical illness/disability are greater than for a single owner Ø Critically Ill/Disabled partners are legally required to share in profits Ø How long can the company afford to pay the profits, as well as the payment of a replacement Ø Who will pick up the slackBusiness is liquidated without a plan Ø The values received under a forced liquidation are dramatically less than the fair market valueBusiness is sold, as going concern Ø Customers may be lost, creditors may demand payment, and goodwill values can drop. As such, the business may be sold for less than fair market valueBusiness is retained in the family Ø Do they have the knowledge to run the business Ø Who will assume power Ø Will the business be able to support the owner and his replacementBusiness Overhead Ø If the owner is critically ill/disabled and is not there to run his business to generate an income, how does the daily operating expenses get paid? 7
  8. 8. BUSINESS SUCCESSION ON RETIREMENT:Retirement planning involves obtaining the business owner’s goals for retirement,assessing their current situation and determining whether there are any issues thatneed to be resolved to meet the business owner’s goals. The business owner facesthe same issues as any other individual. The only difference is that a large portionof their retirement assets is invested in their business.The business is liquidated Ø Are the business assets marketable Ø What will the liquidation losses be on the sale of these assets Ø What capital gain taxes will be payable Ø Will the funds received be sufficient to provide the desired income Ø Does the owner have other assets that can generate a retirement incomeThe business is sold as a going concern Ø Can the business be sold Ø Who will buy it Ø What would the sale price be Ø What are the taxes due on the sale Ø Will the funds received provide the desired income Ø What other assets does the owner have that can generate an income at retirementThe business is retained in the family Ø Is there a family member who can run the business Ø Will the business be able to support the owner and his successor Ø Will the business be liquid enough to pay both 8
  9. 9. BUY-SELL AGREEMENT:An agreement between owners of a business stating exactly what they want tohappen to their business interests during their lifetime and at death. Theagreement acts as a ‘referee’ to protect each owner’s interests (and/or those oftheir families) in the business.Events to be addressed Ø Restriction on the sale of an owner’s interest in the business to third parties Ø Dissention between the owners Ø Retirement of an owner Ø Bankruptcy or marital breakup of one of the owners Ø Death or disability of one of the ownersAdvantages to the deceased’s estate Ø Guaranteed market for the sale of the business Ø Fair price received and liquidity at time of deathAdvantages to the surviving shareholders Ø Guarantees the estate will sell the interest in the business Ø Ownership remains with the surviving owners Ø Minimizes potential disruption to the businessFunding Alternatives Ø Personal Wealth (may trigger tax liabilities or be inadequate) Ø Bank Financing (burdensome to the business) Ø Purchase over time (family becomes a creditor and counts on owners to run business successfully) Ø Sinking fund (no way to determine if amount is sufficient, funding could be inadequate) Ø Insurance 9
  10. 10. ESTATE PLANNING:The ongoing process of creating and maintaining a program designed to preservean individual’s wealth and distribute it to the succeeding generations in a mannerconsistent with the individual’s wishes. The objective of estate planning is to dieneatly and inexpensivelyBenefits Ø Manage current income taxes Ø Manage and plan for taxes due upon death Ø Manage income taxes after death Ø Minimize government interference Ø Minimize disputes Ø Provide peace of mindESTATE EQUALIZATION:Involves planning for the distribution of assets on death to heirs in an equitablemannerIssues Ø Are all children capable of running the business Ø Who should run it Ø How should non-participating children be compensated Ø Should non-business assets be directed to those who are non-active and the business go to those who areESTATE CONSERVATION:Maximizes the value of an individual’s estate to his/her heirs after his/her death.The main issue is keeping the estate intactPlanning Ø Establish Trusts Ø Gifting Ø Estate Freezes Ø Wills Ø Insurance 10