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McBrayer Blogs

Determining how to structure your family farm business, P.2

In our last post, we began looking at the issue of business planning within the context of a family farm business. We’ve already spoken about the importance of appropriately structuring a family farm business because of the potential tax consequences. Between the various forms of business structure, tax applications vary considerably. Although this is a big issue to plan for, here we’d like to talk briefly about the way structuring a farm business can impact ownership and management of a family farm. More >

Determining how to structure your family farm business, P.1

Regardless of the type of business you run, you need to put a well-thought-out business plan in place. Business planning covers all aspects of a business, from its legal structure, to marketing, to succession planning. Without putting a viable plan in place covering each important aspect of the business, companies are taking a risk. This applies as much to a family farm businesses as to multinational corporations.  More >

Work with attorney to maintain ownership of business

In a recent Forbes article, contributor Steve Parrish wrote about an interesting issue that most closely-held businesses, often family-owned, face in some way or another: how to maintain control over a business. The problem is not a small one, because failure to properly plan can create a situation where ownership of the business falls into the hands of individuals who aren't right for the job. More >

What are my tax obligations in business dissolution?

Closing a business can be a big undertaking from a financial and legal perspective. Not only must a business reach an agreement among owners that the company should be dissolved, it must also take stock of its assets, obtain a valuation, manage contacts and other obligations, cancel contracts, dispose of assets, pay off debts, and file the proper papers with the state. More >

Mergers and acquisitions not always successful, so plan wisely

Mergers and acquisitions are in the news a lot nowadays, as readers may have noticed. In fact, merger and acquisition activity has been quite significant this year, with global mergers having exceeded a value of $3 trillion through the end of November, according to a recent New York Times article citing data from Thomson Reuters. The assumption, to those who aren't experienced in the area, is that all these business deals are probably really helping companies out. More >

Cable merger runs into problems in different areas of Kentucky

Many of our readers have by now heard of the proposed merger of Comcast and Time Warner Cable. As part of the merger agreement reached by the companies, approval from at least 85 percent of Time Warner Cable’s client base is required, and some markets have been putting up resistance. More >

Business sales: getting an accurate valuation, P.2

In our last post, we began discussing the topic of business valuation, which is an important issue for those in business to have a grasp of when they approach the issue of selling their company or passing it on. As we noted, experts in the field identify several different approaches to business valuation. We’ve already briefly discussed the approach of the business’ assets or its income. More >

Asset Purchase: Initial Considerations

A recent post discussed a few generalities on stock purchases and asset purchases. In a basic sense, the characteristics of a stock purchase and of an asset purchase will guide the parties in the earliest stages of negotiation over whether to structure the transaction as a stock or asset deal. This post and posts to follow will expand on certain aspects of both types of deals that the parties may face as negotiations progress, beginning with a few initial considerations for parties negotiating an asset purchase. More >

Tax-Exempt Organizations: Excess Benefit Transactions vs. Private Inurement

In the past several years, tax-exempt organizations (hereinafter "Organizations") have faced greater scrutiny and attention from the IRS. As a result, Organizations must adhere to stricter compliance and administrative requirements to maintain their tax-exempt status. More >

Business sales: getting an accurate valuation, P.1

When it comes to selling or buying a closely held company, business valuation is an important issue. For sellers, the concern should be to ensure that one is able to receive a return on one’s investment, if possible. And buyers, of course, usually want to get a deal. Business valuation would be easier if it could be determined by a set formula, but as a recent article in The Lane Report notes, there is both a science and an art to business valuation.   More >

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