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Retirement and Business Exit PlanningRetirement and Business Exit Planning

It’s important to properly integrate the two.

5 Min Read
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One of the biggest mistakes business owners make is failing to integrate their business exit planning and their personal retirement planning. Rather than tackle the two components as a single holistic project, many owners of closely held businesses often treat the two as separate. But when you consider that around 50% to 80% of business owners’ wealth is tied to their business, not factoring this into the personal financial picture can result in costly mistakes and missed opportunities.

Planners need to guide clients to evaluate the potential financial benefits of taking a more integrated approach. A key to this process is the role that proactive business valuation and valuation enhancement can play in creating better financial outcomes.

Better Exit Strategies

For many business owners, retirement planning will require an exit strategy. But, while most owners may be great at running their businesses day to day, they often don’t begin planning a proper exit strategy until it’s too late. The type and scope of the business will always dictate which type of planning is most advisable. But starting earlier and planning appropriately puts owners in a much more advantageous position to maximize their overall wealth and, hence, their financial security in retirement.

The very sudden and severe impact of COVID-19 on retirement plans underscores the importance of planning generally and backup plans. Those who have a plan in place that’s evaluated with trusted advisors at regular intervals will be better able to weather unforeseen challenges and recover more resiliently in the long run.

Exit Planning Gone Wrong

To understand what’s at stake, it helps to look at an example of business exit planning gone wrong.

Example: The client hired a business broker and signed a contract for the business broker to sell the business. The client’s business was worth about $20 million, and the estate, inclusive of the business, was worth over $30 million. A letter of intent was sent to the client. The client then contacted her financial advisor. By not contacting the financial advisor before hiring the business broker, the client lost valuable planning opportunities. The client should have addressed her estate and tax planning first to take advantage of strategies designed to reduce her estate tax exposure and perhaps save significant state income tax on the sale. These can include transferring the business out of the client’s name and into a completed gift non-grantor trust formed in a state that won’t tax the trust (for example, Delaware, Alaska, Nevada or South Dakota). By shifting the business out of her estate before the broker was retained and the letter of intent received, the client may have been able to support a lower valuation to achieve better estate planning goals. Shifting the business to a non-grantor trust formed in a trust-friendly state might help to avoid state income tax in the client’s home state on the sale. While that might still be possible, the further down the continuum toward sale the client has traveled, the more difficult it can become to deflect a challenge by state income tax auditors that the business was in fact sold after title was transferred to the trust. Without addressing key estate and tax planning issues first, it’s harder to market the business in the most advantageous way. Furthermore, because she hired a broker to sell her company, she was dealing with someone who looks at the sale only from the perspective of maximizing sale proceeds. While that may be the most critical goal, it’s rarely the only one. Finally, with earlier planning and better guidance, the client might have had time to enhance the value of the company before selling it.

Long-Term Process

To succeed at exit planning, it’s best for clients to think of it as a broader and longer-term journey, rather than a narrow process of merely selling a business. Before a client is set to retire,  she should consult with advisors to help her create an effective, holistic plan. It’s important to have a broad perspective that looks at not just traditional estate and financial planning but also the integration of all the business issues that affect the plan. When done optimally, the process can take one to four years to cover all pertinent matters.

The “Value” of Valuation

Valuation occurs at several points in time on the planning continuum. The first might be a valuation used for gift and estate tax planning purposes. The lower that value, the better the tax planning result, but value has to be consistent with the value that might be used when the business is marketed and eventually sold.

One of the cornerstones of any smart exit strategy is understanding the potential sale value of the business within its unique industry as that business is prepared for sale. If the client’s goal is getting the highest possible price, then it’s critical to have the right team in place not only to provide a valuation but also to evaluate the company. The team should include advisors who understand not only the nuances of business valuation but also how valuation enhancement can help maximize the economic return. In the example above, had the owner received earlier and better guidance, she likely wouldn’t have even been dealing with a broker at such an early stage of her exit planning journey. Rather, she would have spent more time up front creating an estate and income tax plan as well as evaluating the business exist strategy strategically. Then she would have addressed both timing and deploying strategies to enhance the business value, after the tax planning was completed, but before selling.

About the Authors

Nainesh Shah

Co-founder, Complete Advisors

Nainesh Shah, CFA®, is the Co-Founder of Complete Advisors, a Wealth Advisory firm based in the Greater New York City area. He brings over 25 years of experience in Business Valuation, Portfolio Management, and Financial Strategy. He is a member of the CFA Institute and has presented to over 100 audiences of financial advisors and non-profits on macroeconomic conditions, capital markets, portfolio construction, and risk management.

Martin M. Shenkman

www.shenkmanlaw.com

www.laweasy.com

Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD, is an attorney in private practice in Fort Lee, New Jersey and New York City. His practice concentrates on estate and tax planning, planning for closely held businesses, estate administration.  


A widely quoted expert on tax matters, Mr. Shenkman is a regular source for numerous financial and business publications, including The Wall Street Journal, Fortune, Money, The New York Times, and others. He has appeared as a tax expert on numerous public and cable television shows including The Today Show, CNN, NBC Evening News, CNBC, MSNBC, CNN-FN, and others. He is a frequent guest on radio talk shows throughout the country and has a regular weekly radio show on Money Matters Financial Network.

Mr. Shenkman is a prolific author, having published 42 books and more than 1,000 articles.

Mr. Shenkman is an editorial board member of CCH (Wolter’s Kluwer) Co-Chair of Professional Advisory Board, CPA Journal, and the Matrimonial Strategist. He has previously served on the editorial board of many other tax, estate and real estate publications.

Mr. Shenkman has received numerous awards, including: The 1994 Probate and Property Excellence in Writing Award; The Alfred C. Clapp Award presented in 2007 by the New Jersey Bar Association and the Institute for Continuing Legal Education for excellence in continuing legal education; Worth Magazine’s Top 100 Attorneys (2008); CPA Magazine Top 50 IRS Tax Practitioners (April/May 2008); The “Editors Choice Award” in 2008 from Practical Estate Planning Magazine for his article “Estate Planning for Clients with Parkinson’s;”  The 2008 “The Best Articles Published by the ABA” award for his article “Integrating Religious Considerations into Estate and Real Estate Planning;” New Jersey Super Lawyers, (2010-16); 2012 recipient of the AICPA Sidney Kess Award for Excellence in Continuing Education for CPAs; 2013 Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels; Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for efforts on behalf of those living with chronic illness and disability;

Mr. Shenkman's book, Estate Planning for People with a Chronic Condition or Disability, was nominated for the 2009 Foreword Magazine Book of the Year Award. He was named the lead of Investment Adviser Magazine's “all-star lineup of tax experts” on its April 2013 cover. On June 2015, he delivered the Hess Memorial Lecture for the New York City Bar Association.

Mr. Shenkman is active in many charitable and community causes and organizations. He founded ChronicIllnessPlanning.org which educates professional advisers on planning for clients with chronic illness and disability and which has been the subject of more than a score of articles. He has written books for the Michael J. Fox Foundation for Parkinson’s Research, the National Multiple Sclerosis Society and the COPD Foundation. He has also presented more than 60 lectures around the country on this topic for professional organizations, charities and others. More than 50 of the articles he has published have addressed planning for those facing the challenges of chronic illness and disability. Additionally, he is a member of the American Brain Foundation Board, Strategic Planning Committee, and Investment Committee.

Mr. Shenkman received his Bachelor of Science degree from Wharton School, with a concentration in accounting and economics. He received a Masters degree in Business Administration from the University of Michigan, with a concentration in tax and finance. He received his law degree from Fordham University School of Law, and is admitted to the bar in New York, New Jersey and Washington, D.C. He is a Certified Public Accountant in New Jersey, Michigan and New York. He is a registered Investment Adviser in New York and New Jersey.