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| Date post: | 14-Jan-2015 |
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Economy & Finance |
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Succession Planning
Assumption: Company A — Balance SheetASSETS
Current assets 10,000,000$
Long-term assets 15,000,000 25,000,000$
LIABILITIES AND SHAREHOLDER'S EQUITY
Liabilities
Current liabilities 6,000,000$
Long-term liabilities 9,000,000
15,000,000
Shareholder's' equity
Common shares 1,000
Retained earnings 9,999,000
10,000,000 25,000,000$
Book value of equity 10,000,000$
Fair value of equity 18,000,000$
Succession PlanningFamily Assumptions
Bill (father) – sole owner 60
Mary (spouse) – part-time in business 56
Kim (active in business) 32
Todd (active in business) 30
Emily (not interested in business) 26
All (except Emily) remains employed in Company.
Where do I Start?
• Establish balance in your goals in business and personal
Business – management, employment, succession, family participation
Personal – need for funds, risk, estate, emotional
• Timing
• What is a business freeze?
Assignment of 100% of current value into fixed value (preferred) shares and re-issuing new common shares for future growth
Available tool to facilitate discussion
• Establish a co-ordinated team
Estate Freeze
$18M in common shares
BillBill
COMPANY A
BEFORE
$18M in Preferred shares
BillBill
COMPANY A
Common – nominal value
AFTER
?
Considerations in an Estate Freeze
• Valuation
• Receipt of new common or growth shares
• Terms and conditions of preferred shares
• Taxation
• Review of corporate documents/assets
Further benefits of an Estate freeze
• Multiply capital gains election
• Income splitting potential
• Removal of cash - financing
• Multiple freeze transactions
Potential Example
Common shares
BillBill
COMPANY A
Mary, Kim, Todd, Emily or Family Trust
Mary, Kim, Todd, Emily or Family Trust
$18MPreferred Shares
(Voting)
Common shares
► Capital Gains Exemption
► Voting Shares
► Family Trust
►Holding Companies
• WHAT ARE YOUR GOALS AND OBJECTIVES?
• IF WE DO A FREEZE, WILL THE VALUE OF THE FROZEN SHARES AND YOUR OTHER ASSETS RESULT IN YOU HAVING THE AMOUNT OF MONEY YOU NEED TO
MAINTAIN THE LIFESTYLE YOU WANT?
• TRANSFER AGREEMENT
• SHAREHOLDERS’ AGREEMENT
• I AM CONCERNED I WILL GIVE MY SON/DAUGHTER SHARES, THEY WILL GET DIVORCED AND THE FAMILY BUSINESS WILL BE LOST. WHAT CAN I DO?
Key Legal Considerations
“Its not the gift, it’s how you structure it”
other net
family
property 100
100value of
Shares
0
400
1,000
Son
Marital
BreakdownMarriage
Gift
other net
family
property 50500
Marriage
What is the equalization payment?
Wife
Marital
Breakdown
“Its not the gift, it’s how you structure it”
other net
family
property100
0value of
Shares
400
800
Son
Marital
Breakdown
GiftMarria
ge
other net
family
property 50 500
Marriage
What is the equalization payment?
Wife
Marital
Breakdown
• YOU MUST START WITH YOUR OBJECTIVES
• RETIREMENT, DISABILITY AND DEATH
WILL YOUR PLANS BE THE SAME FOR ALL?
• FOR RETIREMENT, ESTATE FREEZE STRUCTURE COULD BE THE MAJOR FACTOR IN DETERMINING YOUR INCOME AND PAYMENTS OVER TIME
THE EMPLOYMENT AGREEMENT TRANSFER AGREEMENT
SHAREHOLDER AGREEMENT
Succession Planning
• POWER OF ATTORNEY
CAN LIMIT THE SCOPE TO DEAL WITH BUSINESS
For Disability
WHO YOUR DECISION MAKER IS WILL BE CRITICAL
CLEAR DIRECTION TO ATTORNEY AS TO INTENTIONS
• WILLS MUST BE IN PLACE
• DUAL WILLS
ONE FOR BUSINESS SHARES
ONE FOR OTHER ASSETS
• FAMILY TRUSTS ALSO HAVE TO BE CONSIDERED
For Death
• EXECUTORS ARE KEY ELEMENT
• CLEAR PLAN FOR BUSINESS SHOULD BE SET OUT
Succession Planning - The Financial Plan
Appropriate income tax and estate planning advice can help in validly minimizing or deferring income tax that may arise on ownership succession
Our subjects:
Bill Age 60Mary Age 56
Children:
Kim (32);Todd (30);Emily (26).
Succession Planning - The Financial Plan – Step 1
Succession Planning - The Financial Plan – Step 2
Succession Planning - The Financial Plan – Step 3
Succession Planning - The Financial Plan – Step 4
Succession Planning - The Financial Plan – Step 5
Succession Planning - The Financial Plan – Step 6
Succession Planning - The Financial Plan – Step 7
Succession Planning - The Financial Plan – Outcomes
Possible Solutions:
• Reduce taxes by transferring capital losses;
• Boost an RRSP with a retiring allowance;
• Reduce US Estate Tax exposure with a Non-Recourse Mortgage or other solution;
• Select the correct pension plan ~ consider an Individual Pension Plan (IPP);
• Assess income splitting opportunities with Spousal Loans, Family Trusts;
• Implement Charitable Gift strategically to reduce taxation and create a legacy;
• Reduce taxes by re-structuring debt;
• Testamentary Trusts and Alter Ego Trusts;
• Insurance to equalize estate gifts or pay taxes;
• Investment allocation suggestions to achieve retirement goals.
Succession Planning - The Financial Plan – US Estate Tax
Succession Planning - The Financial Plan Reveals
Appropriate income tax and estate planning advice can help in validly minimizing or deferring income tax that may arise on ownership succession
Plan Outcomes and Goals:
•Bill and Mary have significant non-RRSP assets;•Prefer security of guaranteed investment income;•Will be looking for enhanced after-tax cash flow at retirement;•Capital generated cash flow not needed to fund lifestyle requirements;•Wants to generate more income with less tax at death and through annual erosion;•Wants to leave as much estate to beneficiaries as possible;•Risk averse
Succession Planning – HoldCo Insurance Planning
Succession Planning – HoldCo Insurance Planning
Succession Planning – HoldCo Insurance Planning
Succession Planning – HoldCo Insurance Planning
Succession Planning - Resources
Warren GrangerPartnerErnst & YoungT: 519-646-5534F: [email protected]
Ian D. ShewanPartnerLerners LLPT: 519-640-6334F: [email protected]
Graham C. PorterPartnerLerners LLPT: 519-640-6388F: [email protected]
Chris DelaneyVice-President, High Net Worth Planning ServicesRBC Dominion SecuritiesT: 519-675-6902F: [email protected]
Contact Details
