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The Startup
Founder’s Guide to
Wealth
Management
Darin Donovan, Esq.
Shareholder
Hopkins & Carley
Glenn McCrae
Chief Strategy Officer
Early Growth Financial Services
#wealthmanagement
Personal Planning Opportunities
During Startup Phase
• While moving your company toward an
IPO or M&A, keep in mind that there are
personal planning opportunities
available
• These opportunities are time sensitive
• Know and understand what you have
Know Your Assets
• To understand your personal planning
opportunities, you must understand your
assets
– Stock Options: ISOs, NonQuals
– Restricted Stock
– Founder’s Stock
– Vesting
• Professional Income Tax planning
assistance
Transfer Tax Landscape
• Income Tax compared to Estate/Gift Tax
• Federal Estate/Gift Tax: $5.34 million
lifetime exemption; 40% tax rate
• Transferring assets before event can
make gifting much more effective than
after
• Capturing post-transfer appreciation
Gift Tax Exemptions
• Marital Deduction
• US Citizens – unlimited deduction
• Non-US Citizen – $145K annual deduction
• Annual exclusion – 14K/donee
• Medical/education – not gifts
• Lifetime exemption – 5.34 million
• File gift tax return – FMV at time of
complete transfer
• Hard to value assets
Gifting: Types of Assets
• Stock: private/public
• Stock options
• Disqualifying dispositions
• Vesting
• Partnership/LLC/carried interest
• Real property
Gifting: Methods
• Outright
• Custodial Accounts – 18/21
• Irrevocable Trusts
Simplest Strategy:
Outright Transfers of Stock
• Best for siblings, parents, responsible
children over 18 (or older)
• Not appropriate for stock options
• Annual Exclusion/Lifetime exemption
• Gift tax filings/valuation
Transfers into Irrevocable Trusts
• Best for minor children, grandchildren
other beneficiaries where financial
abilities are questionable
• Annual Exclusion gifts; use of lifetime
exemption
• Trust structures – funds available on
timetable client determines
Leveraging Gift Transfers
• Grantor Retained Annuity Trusts
(GRATs)
• Sales to Defective Grantor Trust
More Sophisticated Techniques
Grantor Retained Annuity Trust (GRAT) –
future appreciation to beneficiaries
• Government set “hurdle” rate” (July of
2014: 2.2%)
• Timing of transfer
• Asset selection
• Diversification of transfers over time
• Limitations
More Sophisticated Techniques
Defective Grantor Trust – out of estate,
but liable for Income Tax
• Growth/appreciation
• Nonrecognition Transactions
• Safety valve for Income Tax Liability
• Generation-Skipping Transfer (GST)
Planning
Post-Liquidity Event
• CRTs/CLTs
• Family entities
• Charitable giving
15
Thank You and Q&A
Hopkins & Carley, A Law Corporation
200 Page Mill Road, Suite 200
Palo Alto, CA 94306
T: (650) 804-7600
www.hopkinscarley.com
@HopkinsCarely
Darin Donovan, Esq., Shareholder
ddonovan@hopkinscarley.com
Glenn McCrae
gmcrae@earlygrowthfinancialservices.com
EGFS Headquarters
2033 Gateway Place, 5th Floor
San Jose, CA 95110
T: (415) 234-3437
www.earlygrowthfinancialservices.com
@EarlyGrowthFS

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The Startup Founders' Guide to Wealth Management

  • 1. The Startup Founder’s Guide to Wealth Management Darin Donovan, Esq. Shareholder Hopkins & Carley Glenn McCrae Chief Strategy Officer Early Growth Financial Services #wealthmanagement
  • 2.
  • 3. Personal Planning Opportunities During Startup Phase • While moving your company toward an IPO or M&A, keep in mind that there are personal planning opportunities available • These opportunities are time sensitive • Know and understand what you have
  • 4. Know Your Assets • To understand your personal planning opportunities, you must understand your assets – Stock Options: ISOs, NonQuals – Restricted Stock – Founder’s Stock – Vesting • Professional Income Tax planning assistance
  • 5. Transfer Tax Landscape • Income Tax compared to Estate/Gift Tax • Federal Estate/Gift Tax: $5.34 million lifetime exemption; 40% tax rate • Transferring assets before event can make gifting much more effective than after • Capturing post-transfer appreciation
  • 6. Gift Tax Exemptions • Marital Deduction • US Citizens – unlimited deduction • Non-US Citizen – $145K annual deduction • Annual exclusion – 14K/donee • Medical/education – not gifts • Lifetime exemption – 5.34 million • File gift tax return – FMV at time of complete transfer • Hard to value assets
  • 7. Gifting: Types of Assets • Stock: private/public • Stock options • Disqualifying dispositions • Vesting • Partnership/LLC/carried interest • Real property
  • 8. Gifting: Methods • Outright • Custodial Accounts – 18/21 • Irrevocable Trusts
  • 9. Simplest Strategy: Outright Transfers of Stock • Best for siblings, parents, responsible children over 18 (or older) • Not appropriate for stock options • Annual Exclusion/Lifetime exemption • Gift tax filings/valuation
  • 10. Transfers into Irrevocable Trusts • Best for minor children, grandchildren other beneficiaries where financial abilities are questionable • Annual Exclusion gifts; use of lifetime exemption • Trust structures – funds available on timetable client determines
  • 11. Leveraging Gift Transfers • Grantor Retained Annuity Trusts (GRATs) • Sales to Defective Grantor Trust
  • 12. More Sophisticated Techniques Grantor Retained Annuity Trust (GRAT) – future appreciation to beneficiaries • Government set “hurdle” rate” (July of 2014: 2.2%) • Timing of transfer • Asset selection • Diversification of transfers over time • Limitations
  • 13. More Sophisticated Techniques Defective Grantor Trust – out of estate, but liable for Income Tax • Growth/appreciation • Nonrecognition Transactions • Safety valve for Income Tax Liability • Generation-Skipping Transfer (GST) Planning
  • 14. Post-Liquidity Event • CRTs/CLTs • Family entities • Charitable giving
  • 15. 15 Thank You and Q&A Hopkins & Carley, A Law Corporation 200 Page Mill Road, Suite 200 Palo Alto, CA 94306 T: (650) 804-7600 www.hopkinscarley.com @HopkinsCarely Darin Donovan, Esq., Shareholder ddonovan@hopkinscarley.com Glenn McCrae gmcrae@earlygrowthfinancialservices.com EGFS Headquarters 2033 Gateway Place, 5th Floor San Jose, CA 95110 T: (415) 234-3437 www.earlygrowthfinancialservices.com @EarlyGrowthFS