Publications
Planning For The Unexpected Return: Lessons From Grubhub’s Founder
Why Do Founders Buy Back Their Businesses?Selling a company doesn't always mean closing the door for good. In some cases, owners find themselves wanting, or even needing, to regain control of the very businesses they once let go. From a planning perspective, it's critical to understand why owners might want to reclaim their former enterprises. While it may seem counterintuitive to want to buy back a company that was sold for a significant profit, there are many reasons why this occurs.
Are Deferred Sale Trusts A Tax-Efficient Way To Defer Capital Gains?
DSTs provide income deferral and asset control, but come with higher administrative costs, market risks and potential IRS scrutiny. CRTs and CLTs, in contrast, are highly tax-efficient for capital gains and estate planning purposes, especially for those with philanthropic goals. However, the irrevocable nature and charitable commitments can limit their applicability for those wishing to retain assets within their family.
Navigating the Transfer of Ownership and Control
Understanding trusts, family limited partnerships and the ‘Tragedy of the Commons’: Transferring Ownership and Control Through Trusts and FLPs, Advantages of Trusts and FLPs.
The Corporate Transparency Act: Changing the Way Families Doing Business in the United States Think About Confidentiality and Data
On January 1, 2024 – and family businesses that are either US entities or are registered to do business in the US need to make preparations for reporting under the Corporate Transparency Act or face fines and even potential jail time. For many, this act has flown under the radar, and family enterprise advisors should begin helping their clients understand the implications now
The Biggest Issue You Have Never Heard of - Complying with the Corporate Transparency Act
Are you an owner of a business, of real estate, or of other property organized as a corporation, limited liability company, limited partnership or other entity created by filing with a Secretary of State office? If yes, then you and your company will need to file information with the Treasury Department on yourself, your company, and every beneficial owner of an interest in your company starting January 1, 2024. If you do not, you face a fine up to $10,000, up to 2 years in jail, or both for each failure to report. Get started now. how to comply with the strict requirements of the new Corporate Transparency Act. (CTA). Determine whether the CTA applies to you and your company and if so, what you will need to report
Have an S Corp From Before 1996? Tax-Free Conversion May Be Possible
An outline of The Build Back Better bill’s key tax provisions that affect partners, partnerships and other passthrough entities such as S Corps
New Report On Ownership And Professional Management Of Family Enterprises
Estate planning is all about strategy, advocacy and marshalling both financial resources and competent management resources. There is a great deal of value in this report, especially for estate planning advice for both present and future owners of family enterprises.
Family Business Sanity Check
Alternatives to Investing in the Stock Market
During the course of almost 35 years of settling estates for a diverse group of clients, and seeing the results of their investments, I’ve seen first-hand the range of investment opportunities beyond publicly traded stocks. Investing in real estate, debt, tangible assets, starting your own business are a few alternative investment ideas.
What Do You Do When The Family CEO Suffers From Dementia?
The result of such strategic planning by the family, and advised by their professionals, is that the Family always has a “Plan B” to deal with difficult situations, and understand the time and costs needed to implement that Plan B if something like mental illness does strike. Without those strategic options, the family is thrown back onto the tactics available through the courts that may be surprisingly costly and time-consuming.
The Tragedy Of The Commons: How A Life Crisis Effects Family Wealth
“Strategic planning, governance, and business processes take a back seat to the immediacy of the leader’s life crisis and how the crisis will be managed, ignored, or denied by the leader and the stakeholders in the organization. Response to the crisis largely determines the future and well-being of the business and the family.” -Steven S. Rolfe, MD
In most cases, a family leader plays the role of the governor of the engine that is the family wealth. The leader has the personal authority to set agendas and make decisions between competing demands on the common resources of the family. So long as they are able to act in such a way, disputes do not rise to the level of threatening the viability of the family enterprise. In Systems Dynamics there is a name for this situation, The Tragedy of the Commons.