CPABC Industry Update Winter 2014 | Page 13

earnings that need to be distributed. Rather than paying all the retained earnings out at once, the company could, for example, be maintained and the funds could be extracted over time at lower marginal tax rates to minimize the overall tax exposure. Family Succession Selling a Business Some considerations include: Selling a business tends to provide the maximum value. This can be done by selling the shares or the assets of the business. As many people are aware, there is a lifetime capital gains exemption available under certain circumstances. The exemption, which has recently increased to $800,000 and is expected to increase with inflation after 2014, can be applied to the sale of shares of a business. However, there are a number of specific rules regarding the use of this exemption. Appropriate financial and tax planning will need to be done well in advance of the sale of the business to ensure any gain on the sale of the shares qualifies for the capital gains exemption. Sometimes, a buyer may be willing to pay more for the assets of the business than for the shares. If this is the case, a hybrid sale may also be possible to achieve the benefits of both an asset and share sale. Potential planning ideas include: ultiplying the capital gains exemption by having other M family members own, directly or indirectly, shares in the business; and • S real • eparating theassetsestate or investment assets from the operating of the business. When selling the business, you may want to retain some assets, such as real estate or other investments, as passive income earning sources for retirement. Both ideas need to be contemplated well in advance of the sale of a business, as it may be difficult to segregate these assets without adverse tax effects immediately before a sale. In some situations, there may also be employees who are interested in purchasing the business. This can provide a more natural succession, as the employees are more privy to the ins and outs of the business. The employees could first purchase a small interest and increase their ownership over time. This strategy may be more manageable for an employee than purchasing the business all at once. Passing a business on to family members is another common succession plan. Like the other options discussed, advance planning is necessary to ensure the maximum benefit is achieved. U family trusts have • sing a greatertrust. Family transferring athe ability to provide flexibility in business to the next generation. M equity of assets amongst all the • aintainingimportant;the familymembers who are not children is family involved in the business should also be considered. S estate freeze • etting up anto the currentcan be used to crystalize the taxable gain shareholder(s) and transfer the future value to the next generation tax free. P • urchasing insurance may be beneficial as it can cover the tax expenses of the parent. E moment to begin the • stablishing the opportunefamily members. In order ownership transition to the to increase the commitment and interest of the next generation in the business, you may want to provide them with the opportunity to participate in the future growth of the business well before your planned retirement. D • etermining the individual(s) to take or maintain control of the business. A lack of effective communication among family members can be a root cause of succession failure. A key feature of any successful succession plan is establishing forums to allow for communication among family members. There are a significant number of things to consider when it comes to succession planning. While it may seem overwhelming, speaking to your tax and legal advisors, as well as your financial planner, early in the process of setting up a business will help minimize the stress involved with future decisions. It will also ensure the overall tax effects of starting, operating, and transitioning or selling the business are reduced as much as possible. The key is to remember that it is never too early to start your succession plan. Mark Hoag, CPA, CA, is a partner with KNV Chartered Accountants LLP, who focuses on working with owner operated businesses WINTER 2014 | page 13