Business Succession Planning

LAW TX 969

This course will cover the practical, tax, financial, accounting and ethical considerations in succession planning for the family business owner. It will propose strategies to deal with the psychological hurdles and pitfalls business owners face when doing this planning, such as giving up control or equity in the business during their lives and determining equitable ways to treat children actively involved in the business and children who will not participate in operating the family business. It will compare the various vehicles used in succession planning and discuss the different levels of protection and the fiduciary standards between using a trust, business entity and private trust company to encourage entrepreneurship. It will discuss ways to separate the business's control and equity for purposes of doing lifetime planning for the business owner as well as for benefiting children both inside and outside of the business. It will compare the typical estate planning strategies for family business owners, including life insurance trusts, buy-sell agreements, GRATs, sales to grantor trusts and freeze partnerships. It will also cover the ethical issues involved when working with business owners in their succession planning, including identifying who your client is, navigating conflicts when doing planning with the business in trusts or otherwise and provide best practice and practical tips for advisors to avoid these ethical dilemmas. The materials will also deal with passing on an operating business to key employees while retaining a portion to pass on to one's children. The materials will cover income tax planning that can be used when a senior family member intends to sell the family business for cash while still alive, when an earnout is part of the sale, the pre-sale due diligence a business owner should undertake before the business is offered for sale, and how the income tax costs in a lifetime sale can be reduced by integrating lifetime charitable planning. Prerequisites: TX901, TX902, TX930, TX933, TX904

Note that this information may change at any time. Please visit the Student Link for the most up-to-date course information.