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Publications and Documents

 

Adviser Tips:

Adviser Tips

 

Adviser Updates:

Adviser Updates

 

Individual Updates (Most Recent First):

Adverse ATO Advice on Super Buy/Sell Cover

Partnership and Trust Loan Accounts

Effect of Debt Reduction Cover on Buy/Sell Cover

Prioritising Needs

Simultaneous Deaths

Mutual Will Strategies

Joe Hockey on Trusts

Tax Treatment of Self-Ownership Agreements

Vested and Indefeasible Interest

Gross or Net Value?

Henry Report

Deemed Dividends

Super Buy/Sell Cover

Bamford in the High Court

Trauma Cover in Super

Origins of Self-Ownership

Fact-Finding

Methods of Aggregation

Valuing the Business

Duty to Give Tax Advice

Equity vs Loan Capital

Horses for Courses

Commercial Debt Forgiveness

Choice of Trustee

Simplifying the Valuation Issue

Hybrid Succession Strategy

Hedge and Wedge Strategy

Sole Proprietors and Families

Free Teleconference

Simple or Complete Succession?

Contemporaneous Agreement

Geared Premium Funding

Super Fund Ownership

Business Family Will

 

 

 

 

 

 

 

Simplifying the Valuation Issue

 

Many business people do not know the value of their Business or find it difficult to reach agreement on the value of their Equity in the Business for insurance purposes.

You can imagine that if it is difficult to reach agreement now, it would be even worse after one Proprietor has died or become disabled.

The One Policy Strategy can help simplify the valuation issue.

 

Example

Assume that three Proprietors don't know whether their Equity is worth $300K or $500K.

A $200K difference at the time of a death could be quite an emotive and expensive dispute.

However, when a Proprietor is trying to fund a capital sum of $1 million (so that, invested at 5% per annum, it generates living expenses of $50,00 per annum), the issue becomes a choice between:

  • a Purchase Price of $300K and Personal Cover of $700K; and

  • a Purchase Price of $500K and Personal Cover of $500K.

Either way, the total Sum Insured is $1 million. There would be no difference in Premium cost if one option was chosen over the other.

 

Capital Gains Tax

In practice, there is a difference in the tax treatment of the Purchase Price and the Personal Cover.

The Purchase Price might be subject to capital gains tax (up to 25% of the capital gain), while the Personal Cover will be tax-free.

Thus, most Proprietors minimise the Purchase Price and maximise the Personal Cover.

In the above example, they might chose the option of a $300K Purchase Price and $700K Personal Cover.

 

Market Value

It is important that the Purchase Price still be within market parameters acceptable to the ATO.

If the Price is unrealistically low, the ATO might seek to apply the "market value substitution rules".

The rules enable the ATO to impose CGT on the basis of the market value, regardless of whether the Vendor received this amount of money.

If the ATO commissioned a valuation, it is likely that both the Vendors and the Purchasers would also want to obtain independent valuations to protect their interests.

Thus, there would end up being a three-way valuation dispute.

Pre-agreement of the Purchase Price results in a sensible value that is not too inflated to concern an underwriter or too low to concern the ATO.

 

The Type of Valuation

One implication of this strategy is that the Business need not obtain an expensive valuation in order to determine the value of the Equity in the Business.

If a valuation is desired, it need only be a simple valuation necessary to satisfy the requirements of the insurance company's underwriter.

This reduces the upfront cost of the Succession Plan and prioritises the affordability of the Premium.

 

Copyright: Ian Gray Solicitor

 

 

Adviser Tip

The One Page Strategy is designed to help you simplify Succession Planning.

It helps you understand your needs, it helps you quantify them, it helps you cost them, and it helps you prioritise them.

See more Adviser Tips

 


Current Marketing Schedule

Current Marketing Schedule

Ian Gray travels to most capital cities regularly throughout the year and is available for Meetings.

Please click here to see his availability in Brisbane, Sydney, Melbourne, Adelaide and Perth.

Please contact us to arrange an appointment or teleconference.