When Starting a Business, the End Is a Very Good Place to Start

Understand this faster with AI
It may seem crazy to start a business with the end in mind, but thinking about your exit from the beginning will have tax benefits and ease crisis management down the line. When you purchase through links on our site, we may earn an affiliate commission. Here’s how it works. Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.You are now subscribedYour newsletter sign-up was successfulWant to add more newsletters?Delivered dailyKiplinger TodayProfit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more delivered daily. Smart money moves start here.Sent five days a weekKiplinger A Step AheadGet practical help to make better financial decisions in your everyday life, from spending to savings on top deals.Delivered dailyKiplinger Closing BellGet today's biggest financial and investing headlines delivered to your inbox every day the U.S. stock market is open.Sent twice a weekKiplinger Adviser IntelFinancial pros across the country share best practices and fresh tactics to preserve and grow your wealth.Delivered weeklyKiplinger Tax TipsTrim your federal and state tax bills with practical tax-planning and tax-cutting strategies.Sent twice a weekKiplinger Retirement TipsYour twice-a-week guide to planning and enjoying a financially secure and richly rewarding retirementSent bimonthly.Kiplinger Adviser AngleInsights for advisers, wealth managers and other financial professionals.Sent twice a weekKiplinger Investing WeeklyYour twice-a-week roundup of promising stocks, funds, companies and industries you should consider, ones you should avoid, and why.Sent weekly for six weeksKiplinger Invest for RetirementYour step-by-step six-part series on how to invest for retirement, from devising a successful strategy to exactly which investments to choose. Editor's note: This is the first in a series of articles on the planning considerations and decisions that business owners face over the lifecycle of creating and running a company. When starting a business, one of the most important things to consider is how it will end. Whether you'll sell the business, step back and let your children or employees run it (or buy it from you), or just shut it down when you are tired of running it, thinking about the possibilities now will help you decide how to structure your business from the beginning.And while it's impossible to know for sure what you'll eventually do with the business you're starting today, considering these details at the outset should ensure smoother sailing if problems arise as the business evolves.Become a smarter, better informed investor. Subscribe from just $107.88 $24.99, plus get up to 4 Special IssuesProfit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.Profit and prosper with the best of expert advice - straight to your e-mail.One of the first decisions to make is how to organize the business. There are several options, and without proper advice, some important considerations may be missed.Organizing a business as a sole proprietorship, a corporation, a partnership, a limited liability company or an S corporation will have tax effects:About Adviser IntelThe author of this article is a participant in Kiplinger's Adviser Intel program, a curated network of trusted financial professionals who share expert insights on wealth building and preservation. Contributors, including fiduciary financial planners, wealth managers, CEOs and attorneys, provide actionable advice about retirement planning, estate planning, tax strategies and more. Experts are invited to contribute and do not pay to be included, so you can trust their advice is honest and valuable.These tax effects will impact the operation of the business and, if the business is eventually sold, the way the sale will be treated from a tax perspective. It is therefore important to consider the possible outcomes associated with your choice of entity:When a business is sold, the gain is often subject to tax. Depending on the structure of the business and of the sale, some may be taxed as capital gain and some may be taxed as ordinary income.However, there are approaches to organizing the business at the outset that can mitigate the impact of these taxes.One is organizing the business under the qualified opportunity zone rules, and another is organizing it so that it qualifies for the qualified small business stock exemption.Both programs were enhanced or extended through the recent One Big Beautiful Bill Act (OBBBA), and if tax savings on sale is of interest, you should engage advisers to assess the viability in your particular situation.There are planning techniques to minimize the taxes paid after the initial company setup, as well as before and even after the sale of a business, and some of those will be addressed in a future article in this series.It is common for unrelated persons to start a business together. This makes sense for lots of reasons, not least of which are:However, sharing ownership with non-family members can also create complexities that you should consider at the outset of your journey. Thinking about possible conflicts before they occur often leads to a better outcome when conflict happens.So, include provisions that address how you want to control and resolve conflicts.For example, if the co-owner(s) of your business want to cash out at some point in the future, how do you want this to unfold?Many business owners will include provisions that require the exiting owner to offer their ownership interest to the other owner(s) first, subject to a process that is contemplated in the governing agreement.These provisions may include a methodology for valuing the ownership interest, payment provisions and permissible successor owners of that interest.These provisions may also control how an owner may give their interest to others, and whether another has a first right of refusal if an owner wishes to give some of their interests away to family members, for example.If you feel like the business will have significant value at some point — and after all, who doesn't think this when you start a business? — you may wish to consider transferring some of the business ownership interest to trusts for the benefit of your spouse, children and/or grandchildren.The reason for doing this early is that the business will likely be valued at the lowest amount when you start it. Why does this make a difference? When you give something away — to a trust or outright — there is a federal gift tax on the value of what you have given away.Often, this does not require the donor to pay a tax for the gift because everyone is entitled to a certain amount they can give away to a non-spouse free of federal gift or estate tax (gifts to a spouse are typically exempt anyway).This amount is often referred to as the "unified credit amount," and, beginning in 2026, this amount is $15 million per person.This means that you may give up to $15 million away during your lifetime before ever paying a federal gift tax, and if there is any unused unified credit amount at the time of your death, you may give the rest away after you die when property you own is passed by title, by operation of your last will and testament or by revocable trust, or by beneficiary designation.Looking for expert tips to grow and preserve your wealth? Sign up for Adviser Intel, our free, twice-weekly newsletter.Who should run the business when you no longer want to do so? Should those same persons own part of the business?While it may be difficult to decide who will run your fledgling business when you eventually retire, this is worth considering as early as possible.Most of these decisions can be revisited and changed later, but thinking about the possibilities now may lead you to incorporate some thoughtful provisions into agreements that will benefit you and your family in the future.As uncomfortable as it may be to consider, what do the owners do if one of the co-owners dies or becomes disabled and unable to perform the duties they used to perform?Lawyers, accountants and other advisers will tell you what they ordinarily see in these circumstances, but if you and your co-owners can imagine another solution, an attorney can draft for it.The importance of these provisions cannot be underestimated. Although you are excited to go into business with your co-owner, would you feel the same way about operating the business with their spouse? How about their kids or a trustee of a trust for those kids?Similar to the provisions that address the co-owner who wants to cash out while alive, provisions that address what happens when an owner dies should be contemplated as you begin to build a business.You do not want the equity — financial and sweat equity — that you put into the business jeopardized by the untimely death of your partner. And frankly, your partner's spouse may not want to work with you either.As fun as it is to start a business, do not ignore the details. Left unaddressed, the details can create fissures in the business — or break it entirely.Christopher F. Tate, J.D., Partner and Wealth Strategist at Fidelis Capital, has nearly 30 years of experience and specializes in wealth planning, advanced estate planning and cash-flow planning, delivering comprehensive strategies to Fidelis Capital’s UHNW families and institutions.Rick Simonetti, Founding Partner, CEO and Head of Wealth Planning at Fidelis Capital, is a deeply experienced expert on integrating wealth planning, family dynamics and tax management into financial decisions and advice. His visionary leadership is guided by nearly 35 years of industry experience. This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.Rick Simonetti is a deeply experienced expert on integrating wealth planning, family dynamics and tax management into financial decisions and advice. He is a co-founder of Fidelis Capital, an adviser-owned wealth management firm focused on simplifying the investment and planning needs of ultra-high-net-worth individuals, families and institutions. His visionary leadership is guided by nearly 35 years of industry experience. He most recently spent 22 years at Wells Fargo Private Wealth Management, where he departed as Senior Managing Director, Southern Region, and National Head of Wealth Planning. Prior to Wells Fargo, he was a Senior Tax Manager at Deloitte for 11 years.
Source Information
Discussion
0 professional contributions
Sign in to join this professional discussion.
Be the first to add a constructive contribution.
