Wealth Planning as a Competitive Advantage

Adrienne

16 hours ago

How smart entrepreneurs future-proof their legacy.

Most entrepreneurs who have built a corporation to a valuation in the hundreds of millions (or higher) will tell you about a beginning filled with hard work, sleepless nights and worry over whether or not their business would survive. We work with many family businesses that are now worth over a billion dollars, but they all started somewhere.

Those early days are the ideal time to strategize for future success by shielding yourself and your business from unnecessary tax burdens, maximizing the impact of your legacy and creating terms that fulfill your vision. However, many of those same entrepreneurs who are so good at building a business from the ground up fail to forecast 20 or 30 years into the future. They’re too focused on the now. Unfortunately, by the time a business reaches the pinnacle of its success, it may be too late to fully take advantage of the opportunities that existed early on.

That’s where an experienced multifamily office comes in: they are specialists in helping individuals, entrepreneurs and families think far ahead and lay the necessary groundwork for a best-case scenario. The goal is to maximize potential returns and help “future-proof” clients’ legacies, allowing them to fully enjoy the fruits of their hard work.

Easing Tax Burdens

When a company isn’t worth a fortune, it’s easy to forget about what might happen when its value rises. One important step is to qualify for Qualified Small Business Stock (QSBS) when the business is worth less than $50 million. Setting up a business to qualify for the QSBS isn’t overly challenging. The entity must be a domestic C Corp, at least 80% of the corporation’s assets must be used to conduct one or more qualified trades and originally acquired stock must be held for a minimum of five years, among other requirements. However, this process must be diligently undertaken to ensure entrepreneurs can reap the benefits down the line.

With QSBS, 100% of the gain from a sale can be excluded from federal income tax (subject to certain limitations), which can amount to a fortune if a company is sold for a high value. A number of multifamily office – and, more specifically, those with robust trust services – can both serve in an advisory capacity and handle the execution of the necessary steps (such as engaging and managing the right tax and legal professionals), allowing the entrepreneur to focus on growing the business.

Location, Location, Location

If there’s any flexibility regarding where a business is located, multifamily offices can help set owners up in the most tax-advantaged position. For example, businesses located in California are subject to one of the highest corporate tax rates in the nation at 8.84%. If the income is generated by California real estate or headquartered in California, there’s no way to escape that rate.

However, if the business can be headquartered in a more tax-advantaged state such as Nevada, which does not levy a corporate income tax, it might be worth considering. To help smooth the generational transition, some families utilize a trust situs in Nevada to hold their shares of the business. Nevada situs can help avoid California income taxes and California capital gains taxes (which amount to 13.3%) upon the sale of the business.

Mitigating Future Estate Taxes

If businesses grow inside a taxable estate, the government takes 40% of the value upon the owner’s passing. For entrepreneurs who are building a successful corporation, it can be beneficial to allocate some shares into a trust outside of the taxable estate, where they can grow in value without being subject to the estate tax. There are a variety of trusts that allow owners to reap the benefits of the assets during their lifetimes, while shielding the estate from an onerous tax burden.

Preserving Family Harmony

Finally, it may not be obvious, but it’s important to coordinate the estate plans of all family members who are involved in the business to ensure that they are aligned with the overall succession plan. The goal is to put a master plan in place that balances financial, corporate and relational goals so that the business – and the family attached to it – will thrive in perpetuity.

Start Early for Maximum Benefits

If you’re reading this and your business isn’t (yet) close to the multimillion-dollar threshold, it’s still important to take the time to be thoughtful about how you’ll set it up for future success. You may be spending your days working on improving the current bottom line, managing staff and investing in refining your product and service offerings. Still, we’ve seen companies quickly catapult from a few million in assets to a much higher value, so it’s important not to wait. Having a go-to team of advisors who can provide both strategy and execution to file necessary paperwork, think critically about the company’s financial trajectory and maximize the benefits as it grows.

Written by Brian Bissell, Senior Vice President, Client Advisor in the Orange County office of Whittier Trust.

Featured in Family Business Magazine. To learn more about how Whittier Trust can support you, your family and your legacy through our family office services, start a conversation with a Whittier Trust advisor today by visiting our contact page.