Another planning approach involves transferring shares in the business directly to family members. No matter what strategy you employ, you’ll want to discuss options with your advisor long before any sale. “Ideally, your tax planning starts well in advance of a sale,” Hommer says. “You don’t want to be doing it concurrently.”
Bear in mind that the value of a closely held family business can be difficult to determine, and having the business appraised early in the process can help you optimize discounts. Often that presale value is significantly lower than the eventual sales price, Hommer notes, enabling the owner to gift more shares of the business to family members or a trust without reaching the lifetime gift tax exemption.
Consider creating a family office
The sale of a business or any sort of sudden surge of family wealth could leave you with many new and complex responsibilities. If that’s the case, you may want to establish a family office to help manage these new financial needs. A family office can be especially valuable if the sale of your business means losing access to the services employees have been providing for the family, from travel bookings and bill paying to tax preparation and property management (for more on the potential drawbacks of this common arrangement, read “Should your business be managing your personal financial needs?”).
In the wake of a liquidity event, your finances may become even more complex, Weiss notes. “After the sale of a business, families may invest in private equity or put together an elaborate real estate portfolio, and that can be a trigger for needing some type of family office,” he says. Especially when the sale of a family business has an impact on multiple generations, a family office can provide unified oversight of the family’s wealth, financial education for younger generations, legacy planning and the structure to prepare heirs for future stewardship of the family’s wealth.
The way your family office is organized — and the question of whether you staff a standalone office or outsource all or some of the functions — will depend on its mission, which could encompass investment and real estate management, tax planning and compliance, bookkeeping and financial reporting, philanthropic grantmaking, trust administration, services to family members and more. For more considerations, see “The outsourced family office” below.
Whatever your ultimate decision, this is another issue to consider well before selling the family business. “Historically, most people wait to set up a family office, but what they generally find is that it’s a much more difficult task after the sale,” Weiss says. By establishing a family office structure in advance, he says, ‘You’re better prepared to invest the sale proceeds — and make the most of your windfall.”