Tax Strategies to Ponder When Selling a Business

Preserving the organization’s value has always been a major responsibility for you as a business owner. Make sure your options are tax-efficient when it’s time to sell your company. You can assist in maintaining the value that you have worked so hard to build by reducing the impact of taxes on your sale. If you’re a younger business owner considering selling your company, keep these key tax issues in mind.

Sell a Partnership Interest

The selling of a partnership interest is considered a capital asset transfer, leading to a capital gain or loss. Unrealized receivables and inventory goods, on the other hand, will be recognized as ordinary gain or loss. An investment in an Opportunity Zone can help you defer capital gains.

Asset Categorization

You’ll have to decide on asset allocation while negotiating with a buyer. Self-created intangible assets are expected to be taxed as normal income, but some intangible assets are taxed as capital gains.

Long-term capital gains are generally taxed at a lower rate than ordinary income, so transferring as much of your company’s worth as possible into tangible business assets or certain intangibles may be to your best advantage.

Understand that the after-tax value of selling tangible assets is likely to be higher than the value of selling self-created intangible assets. Consider and aim to allocate as much of your business as possible to help that may be subject to capital gains taxes.

Use an Installment Sale

One strategy to reduce the tax burden on profits from a business sale is structuring the transaction as an installment sale. You have an installment sale if at least one payment is paid after the year of the sale.

However, there are a few things to keep in mind. For the sale of inventory or receivables, you can’t use installment sale reporting. In addition, there’s always the possibility that the buyer will default on an installment selling agreement.

Reinvest Gain in an Opportunity Zone

If owners who realize capital profits on the sale of their firm act within 180 days of the deal, they may be able to defer tax on those gains. They can put the money back into an Opportunity Zone.

Gain must be recorded on December 31, 2026, or sooner if the fund’s interest is disposed of before that date; thus, deferral is limited. However, holding on to the investment past this period may result in future tax-free appreciation.

Although a business owner does not have to invest all of the revenues into a QOZ, tax deferral is limited.

Work with a Trusted Financial Team

Attempting to plan and manage the sale of a firm on one’s own is perhaps the worst mistake a seller can make. Selling a business entails various tasks, including skilled tax planning, asset management, legal work, and more. Instead, work with a financial team you can trust while you’re dealing with this possibly life-changing situation.

Deferred Payment Plan

One of the most taxed years of your life is usually the year you sell your firm. Employ a deferred payment arrangement or staged buyout to stretch out the taxation if you are sure of the buyer’s solvency.

The more tax records your buyout is spread over, the more tax efficient the transaction is. However, receiving the entire money upfront may make sense based on your business and financial objectives.

Prepare to pay more outstanding taxes on the sale of your firm if you do so. Consult your financial team to determine which type of sale will best help you achieve your financial objectives.

Sell to Employees

If your company is a C corporation, you can sell it to your employees through an employee stock ownership plan (ESOP) if you plan correctly. Employees are the owners of the ESOP. You have captive buyers and don’t have to look around as a business owner.

You decide on a fair sale price and receive cash from the ESOP. The proceeds can then be rolled over into a diversified portfolio to avoid paying taxes on the gain. S corporations can also use ESOPs. However, the deferral option for an owner is not available. Therefore, it’s worth thinking about revoking an S election before a sale.

Decide on a Corporate Sale of Stock or Assets

If you own a company, you can sell stock or characterize the transaction as a sale of assets. Generally, sellers simply sell the shares to confine their tax reporting to the transaction’s capital gain.

On the other hand, buyers favor asset sales because it gives them a higher basis for the depreciable assets they’re buying. Again, the sale structure can be resolved by discussions between the parties.

Many entrepreneurs find it tough to leave their firms. They like the thrill of the chase and have no special preparations for their retirement. They could want to talk to the buyer about establishing a consultancy agreement. This provides the departing owner with an ongoing income and tax benefits. From a legal and tax standpoint, selling a firm is complicated. Don’t go ahead without consulting a professional.