A. Overview, Analysis and Basic Concepts
Tax planning in general, and tax planning for an acquisition or sale of a business in particular is a process of selecting among various alternative structures in order to achieve the best outcome for both tax and non-tax objectives. Therefore, without specific objectives the desired results will not be achieved by either party.
Fundamentally, the buyer wishes to acquire an existing business or businesses for the best value and establish an entity for the business(s) to ensure the most efficient tax structure for the future business operations, while the seller wants to maximize the value on the sale while retaining the maximum amount of cash after taxes. These objectives are usually in conflict.
Preliminary Analysis
The first step for any seller in the initial tax planning for the sale of a business involves determining the amount of gain that would be recognized in a fully taxable transaction and then exploring potential structure alternatives to minimize the resulting tax.
Evaluating the Seller’s Potential Gain
To accomplish a review of the potential gain, the tax basis in the entities’ assets or shareholders stock basis must be known or determined. In most cases the outside basis of each corporation or S corporation shareholder must be analyzed separately. The state and federal tax asset basis often will differ for inside and outside. Below are benchmarks for your tax planning:
- What is the corporation’s tax basis in its
Under Canadian Tax Law, there is an election for companies to defer recaptures and capital gains of property that was involuntarily or voluntarily disposed of. In this research paper, we attempt to prove that the election is a useful taxation strategy for businesses so that they are not subject to pay taxes on capital gains or recaptures until such a time where they may acquire an eligible replacement property that will help them earn business income. We will provide facts, definitions, and examples to illustrate the use of this election throughout the paper by explaining the capital cost allowance system, the offset available to business for capital gains and recaptures, the election process, the rules regarding replacing former business
The advantages of asset purchase for the management team are that they retain ownership of the shares of stock of the business because only assets and liabilities, which are specifically identified in the purchase agreement, are transferred to the buyer. They can still control the operation and employees assignment. However, the transactions of Asset purchase are generally more complicated because ownership of the assets and liabilities and any related contracts must actually
Every sale or disposition results in a realized gain or loss (unless, of course, the amount realized is equal to the adjusted basis). Most realized gains or losses become recognized gains or losses and are included on the taxpayer’s tax return and increases (or decreases in the case of a loss) the taxpayer’s taxable income and subsequent tax. However, there are some realized gains or losses that are excluded from income or deferred to a later time period.
WHEREAS, the Seller desires to sell to Buyer, and Buyer desires to purchase from the Seller, the Aircraft; and
The process or internal operations perspective includes strategic objectives in areas such as measure of process performance, productivity or productivity improvement, and operations metric. The first objective in this area for H & R Block is to decrease errors on tax returns to 1% by 2014 by hiring the best tax preparers and by keeping the tax preparers trained and up to date on the new tax laws. The store managers will be responsible for hiring the tax preparers and the tax preparers will be responsible for staying updated on a weekly basis. The next strategic objective is that 75% of employees know H & R Block’s strategy plan every year by putting the plan on the employee website and by including the plan with the yearly tax updates training. The district manager will be responsible for putting the plan on the website and for including it in the updates training every year.
I hope you are doing well. Recently you contacted me seeking tax planning advice. As you have specified, you are planning to invest in a small business with about a $1 million annual revenue. Specifically, you are seeking advice on minimizing both your personal federal tax liability, and the federal tax liability of the business. I believe there are several different strategies that will result in minimization of your tax liability. I will explain these strategies more fully by focusing on both the small business and personal federal tax
Target area usually consists of customers residing in Anytown, NC and neighboring towns. However, with the use of the Internet and our customer call center, Express Tax Service has the capability to serve customers throughout the United States.
The statement of reserves should be reviewed, since the acquisition of the tavern, through the purchase of the seller’s interest, results in the buyer, Ms. Growne accepting both known and unknown liabilities of the business prior to her ownership. In addition, by reviewing the financial statements to look at the net operating gain or loss, Ms. Growne can determine if there is a loss she can offset against her other sources of income. For some individuals, the idea of being able to offset other income with these losses incurred prior to ownership is appealing, due to the tax benefit that may result. However, if the buyer does not have significate income to be offset or is not in a higher tax brackets, this benefit of the acquisition through interest becomes less attractive. In addition, if the sellers basis in the assets are significantly less than the assets fair market value, the buyer is likely to incur greater gains on the assets in the future, resulting in a higher taxable income and leading to negative tax implication. In contrast, if the assets of the business were purchased, the buyer would not be susceptible to prior liabilities and the seller must examine their basis for each asset, compare it with the assets current market value, and incur any applicable gains or losses, intern shifting the tax consequences of an increase in
In this composition, we will be discussing two topics that go hand in hand when it is dealt with in tax accounting. To fully understand the scope of this article, passive activity is defined by the IRS as “any rental activity or any business in which the taxpayer gains income but does not materially participate in the activity”(IRS). Examples of passive activities can include equipment leasing and real estate leasing, in contrast to salaries, wages which are generally considered non-passive activities. As the article “Skip the dorm, buy your kid a condo” states, there are tax benefits when renting a property, but now individuals have exploited loopholes in the tax code that can be controversial and even illegal.
Numerous large businesses that are operating today were once started as small businesses. A new business is established to create a good or service that no other businesses have ever created or simply a product of higher quality than existing products, with the purpose of meeting customers’ needs and earning profits. Due to the technological advances at the present time, starting and operating a new business is less laborious. Nevertheless, would-be entrepreneurs should be familiar with the proper approaches to start their businesses.
What is the Trading Standards Institute (TSI) - TSI is an organization help businesses understand new costumer right act. Is not profit professional body, it gives advice and information about healthy costumer ???
Legal Structure of a Business Orgnanisation Business organisations are the different legal forms a business can adopt. The key distinction is that some businesses provide limited liability for any debts the business incurs. Others have unlimited liability - which obviously doesn't [IMAGE]Unincorporated Incorporated Up Arrow Callout: Sole-trader Up Arrow Callout: Partnership Up Arrow Callout: Private Limited Company (ltd)
WHEREAS, Buyer desires to purchase the Acquired Vehicle offered for sale by Seller under the terms and conditions set forth below; and, therefore,
The information that I am currently learning right now in my tax class will help greatly as I
On July 18, the Federal Government announced their intention to restrict certain tax planning strategies available to shareholders of private corporations that they felt unfairly benefit business owners over salary-earning Canadians. The consultation period during which stakeholders were allowed to provide comments on the proposals ended on October 2, 2017. Ottawa’s original proposals were met with widespread criticism from the business community. As a result, during Small Business Week, October 16 - 20, some revisions were announced. The below summarizes the original proposals as well as where we currently stand.