The sale of a business can be greatly influenced by capital gains tax, as it can possibly lower your ultimate earnings. For business owners trying to optimize their profits, this tax added to the profit from selling an asset can be quite costly. Anybody who wants to sell a business must first understand the implications of capital gains tax.
Our specialty at Dominion is guiding ultra-high-net-worth individuals (UHNWIs) and high-net-worth individuals (HNWIs) through these challenges. Our knowledge ensures that clients can maximize their assets during major financial changes by means of protection.
With an eye on offshore solutions especially, we explore the many ways to reduce or eliminate capital gains tax. Investigating these possibilities helps companies make sound decisions and maximize their financial outcomes.
Capital Gains Tax Definition and Principles
Taxes paid on the profit made from the sale of a capital asset, which can include businesses, stocks, and real estate, are known as capital gains tax. Adjusted for any improvements or extra expenditures made over time, it shows the variation between the asset’s initial purchase price and selling price.
The capital gains tax applies to the profit obtained from selling a business. The legal structure of the company – sole proprietorship, partnership, corporation – and the terms of the selling agreement will affect this tax.
Calculating Capital Gains Tax
Determining capital gains calls for multiple steps. Start by figuring the company’s selling price. Subtract the initial purchase price and any further company investments next. The capital gain that results – which is taxable – is the figure you want.
Many elements affect the tax amount due. Long-term capital gains – assets kept for more than a year – usually tax at lower rates than short-term profits, therefore the length of asset ownership is rather important. The ultimate tax burden is much influenced by current tax rules as well as any relevant deductions or exemptions.
Financial Consequences of Capital Gains Tax Affecting Business Sales
The revenues from selling a business might be greatly lessened by capital gains tax. Business owners who have not included this tax burden in their financial planning may find their net earnings less than projected. This tax might be millions of dollars for high-value sales, hence planning is absolutely crucial.
Value of Planning
Your exit plan must include capital gains tax consideration. Good preparation can assist in maximizing the financial benefits from the sale and lessen the tax impact.
Through research of several approaches and professional advice, companies may create a thorough plan that maximizes their financial results and manages possible tax obligations.
Offshore Solutions to Reduce Capital Gains Tax
One calculated way to reduce capital gains tax is to move a business abroad. This entails moving the company or its assets to a nation with advantageous tax rules.
Among the various advantages offshore asset protection offers are lower tax obligations, more privacy, and strong legal safeguards.
Using these benefits helps business owners protect their money and maximize their financial outcomes. To gain a better understanding, let’s look at this strategy in action with a few case studies that initiated here in the US:
Case Study 1: US Client Selling Land
A US client had to minimize taxes paid to an energy business from selling land valued at $240 million.
Our answer was to create an offshore asset protection trust in the Cook Islands, therefore passing the land to the trust. Because the Cook Islands had advantageous tax legislation, this reduced exposure to US taxes.
A Private Placement Life Insurance (PPLI) policy in Bermuda handled the proceeds and let the client access money tax-free via a loan. The customer saved $48,290,000, proving how well offshore asset protection mixed with PPLI works.
Case Study 2: US Client Selling Company with Declining Valuation
Originally considered to be worth about $100 million, a US client planned to sell their company without a formal assessment. One clever answer turned out to be our PPLI insurance and offshore asset protection trust established up in the Cook Islands.
Stressing potential liabilities and operational hazards, we came to a formal estimate of $20 million. After continuous operations and buyer negotiations, the firm sold for $96 million, producing a $76 million tax-free capital gain on the PPLI value. Funding environmental tax credits was part of the scheme meant to offset tax responsibilities on the $20 million worth.
Avoiding taxes on the transaction, the client borrowed $88 million on the insurance coverage. The client wants the value of the tax credits returned four years ago.
Case Study 3: Funding Release from South Korea
A client there with $200 million encountered high rates of remittance and business transaction tax. Paying a one-time capital gains tax of $55 million, we then shifted the client’s $200 million in assets to an offshore asset protection trust in the Cook Islands. The remaining $145 million went into Dubai commercial companies, therefore avoiding
24.2% corporate income tax from South Korea. Originally founded in Hong Kong to benefit from its favorable tax structure with South Korea, a private bank there fixed withholding tax on interest income to 10%.
Eventually, a PPLI policy was created allowing assurances of business dividends continuing tax-free and tax-free loans. Saving $87,200,000, the customer guaranteed flexible, safe financial management for their heirs and themselves.
Other Techniques for Reducing Capital Gains Tax
There are still additional strategies worth considering if you wish to avoid or minimize capital gains tax upon selling your business. Let’s take a look:
Qualified Small Business Stock (QSBS) Exemption
The QSBS exemption can greatly reduce or eliminate capital gains tax for eligible small company owners. If you have C-Corporate shares for more than five years, you might be free from some or all of the gain subject to particular limitations based on federal tax laws. This rule encourages long-term investment in small businesses, therefore saving qualified entrepreneurs major taxes.
1031 Exchange
Named for Section 1031 of the Internal Revenue Code, a 1031 exchange enables business owners to defer capital gains tax by reinvesting the money from a firm sale into another such asset or company. Usually associated with real estate, this strategy can apply to other firm assets provided they are used in a trade or industry. This postponement can provide opportunities for investing and help cash flow.
Investing in Qualified Opportunity Zones
Opportunity Zones included in the Tax Cuts and Jobs Act were meant to encourage investment in economically troubled areas. Investing capital gains into these zones may help you to postpone and maybe lower your tax burden. The tax benefits – which might include a step-up in basis or even total tax exclusion after 10 years – increase with the length of the investment you retain.
Selling to Employees through ESOP
Using an Employee Stock Ownership Plan (ESOP) to sell your company to staff members might provide certain tax benefits, including perhaps capital gains, tax deferral, or avoidance. Since employees become involved in the success of their business, this strategy may help ensure employee motivation and business continuity.
Leveraging a Charitable Remainder Trust
Putting your company in a Charitable Remainder Trust lets you sell the asset tax-free. The profits help a charity of your choosing and give you an income source. This approach lowers immediate capital gains obligation and helps charitable activities, therefore generating a win-win result.
Make Use of Installment Sales
An installment sale distributes the capital gains across several years, therefore possibly lowering your annual tax burden. Receiving the sale earnings over time helps you better control taxes and match them to your financial planning objectives.
Offsetting Gains with Losses
Should you have capital losses, you can balance them against your capital gains to lower your total tax burden. To maximize the benefit of any acquired losses, this approach calls for precise tax planning and timing of asset transactions.
Non-Grantor Trust
A non-grantor trust is a separate legal entity responsible for its own income taxes. A non-grantor trust can transfer income to several beneficiaries, usually at lower tax rates than a grantor trust, in which case the grantor pays the tax obligation. This arrangement lets income and profits be taxed at more favorable rates by efficiently offsetting capital gains taxes.
Possibilities for Reinvestment
Tax-deferred growth is possible by reinvesting the income from your company sale into tax-advantaged accounts such as Individual Retirement Accounts (IRAs) or 401(k)s. Providing a tax shelter and motivating long-term savings, you won’t pay taxes on the earnings until you take the money out. Funding a new company endeavor can also provide write-offs for starting expenses, therefore lowering your total taxed income and generating future revenue prospects.
Final Thoughts
Avoiding or minimizing capital gains tax when selling a company depends on strategic preparation. There are several approaches to maximize financial results from offshore asset protection to several tax-deferral strategies.
Speaking with Dominion ensures that you get customized solutions meant to increase your wealth. Our knowledge in tax planning and foreign asset protection lets us provide unmatched direction and assistance.
Contact Dominion today for tailored guidance and to investigate how these techniques could help you. Our staff is ready to assist you in negotiating capital gains tax and providing a thorough strategy fit for your particular situation.
