"Buy Sell Planning" Redemption, cross purchase, hybrid or entity. Which is the best way to approach a buy sell for your clients? How best to fund the buy sells? And should you be using these agreements at all? Each of these will be on the table for discussion during this engaging session.

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InKnowVision Technical Webinar

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Agreement that controls what happens to
business ownership interests in the event of:
• Death
• Disability
• Retirement
• Divorce
• Bankruptcy or insolvency
• Other event

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• Cross purchase
• Redemption
• Wait and see
• Trust
• Partnership

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Business
Owner 1
Trigger Event
Shares
Money
Owner 2

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Business
Owner 1
Shares (Basis Increase)
Money
Owner 2

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Business
Owner 1
Shares
Money (Capital Gain)
Step Up
No Gain
Owner 2

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• Complex if more than 2 shareholders
• Funding is subject to claims of shareholders
creditors
• Surviving spouse might refuse to sell
• Premium burden is not allocated equally

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Business
Owner 1 Owner 2
Trigger Event

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Business
Owner 1 Owner 2

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• In a C Corp, no increase in basis for remaining
shareholders
• Life insurance owned by an entity is subject to
claims of creditors
• State law may prohibit redemption if corp is
insolvement
• Insurance proceeds may be subject to 15% AMT

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Business
Owner 1 Owner 2
Trigger Event
Business has 1st
option to buy
Then shareholder
has option to buy

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• Allows flexibility with regard to tax treatment
• Same disadvantages apply

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Business
Owner 1 Owner 2
Trigger Event
Trust
Owned
Insurance
Shares
Money
Shares

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• Makes multiple owners/policies manageable
• Removes life insurance from claims of creditors
• Takes care of recalcitrant spouse
• Untested on transfer for value (multiple insured’s)
• Step up in basis

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Business
Owner 1 Owner 2
Trigger Event
Shares
Money
Shares
Partnership
Owned
Insurance

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• Makes multiple owners/policies manageable
• Removes life insurance from claims of creditors
• Takes care of recalcitrant spouse
• No transfer for value
• Step up in basis

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• Good checklist here from Attorney William
Staley

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• Book value
• Capitalization of earnings
• Excess earnings method
• Discounted cash flow
• Sales-multiple valuation

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• Shotgun
• Chinese Auction
• Texas Shoot-out
• Mexican Standoff
• Russian Roulette
• Savoy Clause
• Push-Pull
• Coin Flip

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• Life Insurance
• Sinking Fund
• Installment Payments

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• Death Benefit
• Term
• Whole Life
• UL – minimum funded vs. guaranteed
• Cash Value
• Current assumptions UL
• Whole Life
• Equity Indexed UL

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• Life insurance with CSV is a form of sinking fund
• Any other type of investment
• Disability Insurance
• Base
• Excess

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• Principal
• Interest
• Variable terms based on performance
• Look back terms

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• Goal – Reduce estate tax
• Basis for survivor not important

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Business
Owner 1
Insures Owner #2
for $10M
Owner 2
Insures Owner #1
for $10M
Trigger Event
Owner #1
Dies
Estate Value
for Owner #1
is $10M

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Business
Owner 1
Insures Owner #2
for $5M
Owner 2
Insures Owner #1
for $5M
Trigger Event
Owner #1
Dies
Estate Value
for Owner #1
is $5M
ILIT for Owner 1
Insures Owner 1
for $5M
ILIT for Owner 2
Insures Owner 2
for $5M
Family receives $10M

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All Content Copyright © 2013
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@InKnowVision
InKnowVision, LLC
InKnowVision
TheComplexEstate
Google+
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(630) 470-6480
www.inknowvision.com
Questions?