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IRS 2704 Proposed Regulations - Significant Impact on Family Business Succession Planning

The Internal Revenue Service has proposed regulation changes that impact tax consequences of stock gifts or sales to family members in a family business environment. As a result, the valuation discounts that have been a cornerstone to family business succession planning may no longer be available for certain transfers. These changes could go into effect as soon as the next 120 days

Due to the extreme change the IRS proposed legislation will have on the family business planning environment, we asked our general counsel, ShuffieldLowman, to provide an Advisory Notice detailing the impact IRS 2704 would have on planning and potential outcomes.

As always, if you should have any questions, please call us at 407-578-4455 or contact your succession planner.


Proposed Regulations Eliminate Discounts 

Bill Lowman, Shuffield Lowman Attorneys and Advisors

The Internal Revenue Service closely scrutinizes transfers between family members of stock, units, and partnership interests (“Stock”) in any corporation, limited liability company, or partnership that is family-owned (a “Family Business”). The Service has announced proposed regulations that eliminates the use of valuation discounts that would otherwise decrease the estate and gift tax value of such Stock when transferred by sale or gift to family members. If any of your clients are considering a gift or sale of Stock in a Family Business, they may want to consider taking action right away to implement the planning.

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As Seen in Multi Unit Franchisee - Family Business Perspective Matters

As Seen in Multi Unit Franchisee - Family Business Perspective Matters

An owner's perspective about the purpose and who the business serves directly impacts culture, ability to recruit and retain good people, and drive performance - all of which influences customer perceptions, revenue, and profits. In the franchise industry, often times, multi-unit franchisees do not intuitively view themselves as a family business owner. This misperception can and does have an impact on overall business success, sustainability, and value

Read the complete article on the Multi Unit Franchisee website

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As Seen in Multi Unit Franchisee - Strategic Planning Creates Exciting Future

As Seen in Multi Unit Franchisee - Strategic Planning Creates Exciting Future

Some things in life are actually fun to plan - weddings, vacations, and special celebratory events. The planning that goes into the event usually leads to a happy outcome, even when there are bumps along the way.

Business Planning, however, usually gets a bad rap. Mention business planning to a multi-unit franchisee entrepreneur or a fast moving, high-energy executive and watch their eyes begin to gloss over. So how do we make business planning fun, exciting, and worthwhile for those involved?

Read the complete article on the Multi Unit Franchisee website

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As Seen in Digital Dealer Magazine - Family and Business Separation – Is it Possible?

As Seen in Digital Dealer Magazine - Family and Business Separation – Is it Possible?

In a family-owned automobile business, the dealership and general business dynamics often become the center of family interaction.  Read Amy's unique perspective on how to create boundaries between family and business from her experience as a family member employee in her family's business. 

Read the complete article on the Dealer Magazine website

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Dr. Merlot’s Perspective on Gender Bias in the Workplace

Natural May Not Be Obvious

Known for offering up the truth of the matter, let’s get right to the point and address a trend that I am seeing more often than I would like. Gender bias in the workplace. Yup. I said it. It’s out there, and if you are reading this, then you have experienced it, have seen it, or perhaps are a participant in it. Regardless of where you stand, let’s take a look into how your business may intentionally or unintentionally be impacted.

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As Seen in Multi-Unit Franchisee - True Business Success Requires Liquidity

As Seen in Multi-Unit Franchisee - True Business Success Requires Liquidity

Everyone feels the liquidity pinch some time or another. Growth, acquisitions, internal investments, taxes, and bonuses take capital and drain liquidity. With all of these needs using up your cash, it can be hard to set some aside for a rainy day, but that's just what you should be doing to ensure the future success of your business, says Champ Rawls.

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As Seen in Multi-Unit Franchisee - Leading By Example: How to avoid Common Mistakes even Smart Leaders make

As Seen in Multi-Unit Franchisee - Leading By Example: How to avoid Common Mistakes even Smart Leaders make

There's no such thing as a perfect leader, but some leaders are indisputably better than others. Learn how to harness your strengths, and avoid common mistakes with these tips from leadership expert, Dan Schneider.

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As Seen in Digital Dealer Magazine - Finding Your Place in the Family Business

Finding your role in a family-owned dealership can be a difficult task. Not everyone is cut out or may care to take on the responsibilities of Successor/Owner, so where do you fit?

Read the complete article on the Dealer Magazine website

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As Seen in Multi-Unit Franchisee - The Emotional Toll Of The DOL Ruling

As Seen in Multi-Unit Franchisee - The Emotional Toll Of The DOL Ruling

Changes to the DOL rules may stir up concerns of employee turnover, especially in an environment where it is difficult to find good committed people. Learn how to motivate and retain employees that are affected by the new ruling on overtime pay.

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Pass the Baton So Your Successor Can Fill Your Shoes

Developing a successor is paramount to sustainable business success. It requires empowering your successor to step up to the challenge, while holding them accountable to strategic goals. For a period of time there are multiple hands on the baton. If this delicate transition is not done properly there can be a demotivating tug of war experience - you might run past the disqualification line before the hand off is complete, or even worse, drop the baton.

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Case Study – 50/50 Partnerships Impact Business Decisions

Industry: Franchise

Company Overview: First generation, multi-unit and multi-brand business across several state lines

Challenge: 50/50 first generation business owners. One partner actively involved in the day to day operations, while the other has become less active, yet very much involved in overall business decisions.

Second generation family members and a few “friends of the family” are becoming interested in the business. The partners have different opinions about the strategic direction of the business, compensation plans based upon their contributions, and the appropriate way to integrate and develop family member employees in the business. Partner conflict is impacting teamwork and performance.

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As Seen in Multi-Unit Franchisee - The Trouble with Saying ' I Got This'

As Seen in Multi-Unit Franchisee - The Trouble with Saying ' I Got This'

Designated successors generally have a vision of what being "the leader" is; I will do this better, this differently, and these changes will be made immediately. As one works toward this role of leader or owner, one key component to understand is the practice of humility. Champ Rawls discusses how to avoid the "I Got This" mentality to better yourself and your team during the transition of ownership.

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As Seen in Digital Dealer Magazine - Four Ways to Keep Peace in the Family Business

As Seen in Digital Dealer Magazine - Four Ways to Keep Peace in the Family Business

Owning a business is hard; owning a family business is even harder. Learn how to prevent and resolve family business conflicts with these four simple steps.

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Juggling Expectations in the Family Business - By Kendall Rawls

Being in the family business is no easy task. You are juggling expectations amongst your loved ones from two different spectrum – family and business– as well as preconceived notions from managers, employees and vendors that you are likely enabled, under-qualified, and of course, grew up with a silver spoon in your mouth. No matter your work ethic, passion, and drive for the business; all family member employees are fighting the nepotism stereotype.

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As Seen in Multi-Unit Franchisee - Turning Today's Employees Into Tomorrow's Leaders

As Seen in Multi-Unit Franchisee - Turning Today's Employees Into Tomorrow's Leaders

One of the biggest challenges of business ownership is attracting good talent - but retaining them is even harder. As a multi-unit franchisee business owner, you look at your strong employees as future leaders. With changing demographics in the workplace creating generational diversity, how do you turn your current and future employees into leaders?

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As Seen in Automotive Buy Sell Report - Vision Conflict: Aligning Visions of a Group’s Growth Among Dealership Owners

As Seen in Automotive Buy Sell Report - Vision Conflict: Aligning Visions of a Group’s Growth Among Dealership Owners

You're a dealer nearing retirement, but the next generation of ownership has big (risky) plans for the business that put your retirement in jeopardy. There are family and business issues to resolve in this scenario. Learn more as Loyd Rawls and his alter-ego, Dr. Merlot, discuss how to navigate this vision conflict in a new article published in Automotive Buy Sell Report.

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Case Study – Right People Drive Performance

Industry: Franchise

Company Overview: First generation, multi-unit franchise business, two partners with locations in multiple states and a diversity of brands

Challenge: First generation business owners, needing to recruit and retain key employees to build leadership bench strength. The owners have always simply hired to fill positions and were experiencing continual turnover, which was not only costing money, but also preventing the company from growing due to lack of leadership in key roles.

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As Seen in Multi-Unit Franchisee - Benefits Of Employee Engagement Surveys

As Seen in Multi-Unit Franchisee - Benefits Of Employee Engagement Surveys

Dan Schneider writes in Multi-Unit Franchisee on the benefits of using employee engagement surveys to better understand your business's strengths and weaknesses, and how to use the results to improve your work culture and performance.

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As Seen in Multi-Unit Franchisee - Cultural Due Diligence Essential In M&A's

As Seen in Multi-Unit Franchisee - Cultural Due Diligence Essential In M&A's

Check out our article in Multi-Unit Franchisee to learn more about integrating different business cultures during a merger or acquisition.

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As Seen in Digital Dealer Magazine - Setting Your Business and Family up for Continued Growth, Now and in the Future

As Seen in Digital Dealer Magazine - Setting Your Business and Family up for Continued Growth, Now and in the Future

Do you have a vision for your business but are unsure how to get there, or feel like issues keep getting in the way? Jeff Bannon discusses the Succession Matrix as a tool to build business value and achieve your goals.

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