BUSINESS SUCCESSION PLANNING
Most
Self Employed people spend all their working career building up the business,
ploughing profits and capital back into the business to increase family wealth.
Starting out with partners or, bringing partners into the business as the
business expands over the years.
Very
few business's have an equity, exit strategy in place. A partner of a business
may have $500,000 in assets sitting in the business. How does a business get
the money to the estate of the business partner that has died or become
incapacitated and is no longer able to work in the business?
These
are quite often complex issues that can be planned for when a good Business
Succession Plan is in place. When it is in place it ensures the certainty to
all parties involved that every one will be catered for in the event of
untimely accidents or the death of a business partner.
New
Wealth Directions specialise in this very important area of Business Succession
Planning. We have access to Australia's best, specialist legal firms who only deal in
Personal Estate Planning and Business Succession Planning.
Capital Gains Tax:
Have
you seeked advice on what your business Capital Gains tax position would be if
you passed away as a part owner of the business? Remember all assets are
subject to capital gains tax after the 20th September 1985. The passing of these assets to your Estate for
your family could be subject to hefty Capital Gains Tax. Leaving the after tax
proceeds from the business, not quite what your spouse and family thought was
going to support them.
Capital
Gains Tax is quite often overlooked when calculating any exit strategy for a
business partner.
Business Debt In any
well planned exit strategy the level of business debt needs to be accounted for
in the event of a business partner's untimely death. The share of the debt that
the partner was responsible for will need to be paid for some how. Compensation
by the estate is a solution but this is not usually practical as the spouse of
the partner who has passed away will be the executor of the estate and they usually
won't use personal assets of the estate to clear debt of the business she / he
no longer has an interest in.
Personal Bank Guarantees provided by Business Partners:
The
bankers of the business who have supplied Overdrafts, Lines of credit or
business loan facilities will become concerned about the loss of a key person
in the business. The partner who has passed away would have been integral to
satisfying the banks credit department when assessing the credit risk when
loans were first established for the business. If the business can't satisfy
the bank that it can still meet the commitments of the loan facility, then the
bank may adjust the terms of the loan or call the loan in.
The
bank will need to be comfortable with the changes in business risk. Who will
take over / support the banks exposure to extra credit risk, probably not the
spouse. As you can see these issues need
to be dealt with. A good business can come into problems if these issues are
not planned for.
Life Insurance:
When
looking at a Business Succession Plan usually comes down to “where is the money
going to come from” if a business associate dies. How is the Business going to
fund the release of a partner's equity in the business to their personal
Estate?
Life Insurance – again structured into the personal Succession
Plan is usually the most cost effective way to fund the release of equity. The
business pays for it and the Insured lives are the business associates who have
an equity interest in the business.
Total and Permanent Disability Insurance:
Of
course you must consider what happens to the business if your business partner
doesn't die but becomes totally and permanently disabled?
What
if your business partner suffered one of the following:
- Became stressed and
rendered them unable to work again
- Had an accident and
became a paraplegic
- Became sick and was
unable to work again
The
most common excuses today are that These conditions described above are never
going to happen to me. Some of them are highly unlikely to happen... millions
to one. Other condition’s listed above
are responsible for a very large percentage of Australians dying each year, in
fact heart attack is the number 1 killer in Australia!
For
further understanding of some of the issues involved read the information underTPD Insurance.
Trauma Insurance:
Of
course you must consider what happens to the business if your business partner
doesn't die? What if they suffer a major Traumatic condition and can't work in
the business again?
What
if your business partner suffered one of the following:
- Heart Attack
- Cancer
- Stroke
What
would the business do! could it carry on? Possibly but all these issues need to
be considered when thinking about your business and how it relates to your families
wealth in to the future.
For
a further understanding of some of the issues involved read the information
under Trauma Insurance.