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Article 20
Business Valuation and The Final Word
Last week we discussed the Marketability
Discount in valuing shares of stock in a family-held business.
There is also a second discount that Courts have allowed which
is the Minority Discount. The value of a stock is reduced if
the
interest given is a minority stake in the corporation. In other
words, the interest given does not have enough shares to make
decisions about how the corporation should be run. So as long
as
Mom always has the final word, then she can give you as much
non-voting stock as she wants, just keeping that 1% interest
that is the only voting interest. She could, give you 90% of
the
company in six years, using both discounts on valuing the
interests gifted of the $100,000 company and the annual $10,000
exclusion, and still be 100% in charge. So the 90% interest
would still be a minority interest. The same technique can be
used in more complex scenario so that a company can be owned
equally by Mom and Dad, but both of them be deemed to own a
non-controlling interest, as each has a voting interest of only
50%, technically a minority.
Please note that the valuation techniques
discussed above are much more complex than this format allows
to
explain. These types of transactions are scrutinized very
closely by the IRS. For this reason, any form of gift
discounting should only be done in conjunction with an estate
planning attorney, an accountant and a certified business
appraiser.
If you have a question, click here.
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