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coronavirus and business transaction

What You Need To Know: Gift & Estate Taxes And Business Transactions In The Era Of Covid-19

By now, most states in the US are open for business to some degree after the COVID-19 lockdowns. Only a handful have yet to reopen their economies. Most are continuing to operate under partial restrictions, but at least many businesses can begin bringing in some sort of revenue.

As the wheels of the economy slowly begin turning again, we wanted to point out a few things that could easily get overlooked while we are–naturally–focused on the pandemic and the chaos surrounding it. In our line of work doing valuations, we see how important getting things right in these areas can be for small business owners. Hopefully, with a little forethought and preparation, you’ll be better equipped if any of these 4 topics apply to your business in the near future:

  • ESOPs
  • Community Bank Valuations
  • Gift & Estate Taxes
  • Business Transactions

Last month, we looked at how COVID-19 was likely to affect ESOPs and Community Banks. In this post, we’ll consider its impact on Gift & Estate Taxes as well as Business Transactions.

GIFT & ESTATE TAXES

Now is the time to give!

Business values are down (with exceptions in a few sectors) due to

  • loss of revenue,
  • uncertain outlook for the future,
  • higher debt,
  • decreased value of tangible assets,
  • and increased discounts for lack of control and marketability.

However, for the savvy business owner these lemons can actually create a good opportunity to transfer more interest in privately owned businesses to the next generation.

The lifetime gift and estate tax exemption is currently at a record high of $11.58 million for individuals and $23.16 million for couples. Everytime you make a gift, you eat into that maximum exclusion. By transferring these lower-value assets now, however, you can use up less of your exemption and have more left for other gifts in the future.

The entire stock market is down from the record highs we were experiencing at the end of 2019; so any private company needing a valuation is going to need to consider this. It is impossible to know what future earnings will be at this point, but they will most likely be down for some period of time. Since this affects the entire company value, now is a good time to make some wise decisions and make a little bit of lemonade out of the lemons.

A word on charitable giving: As state and federal resources are being fatigued, giving to tax-exempt charitable organizations has become more valuable than ever. There are countless groups doing incredible work in underserved communities all across our nation who could use some extra financial help.

Beyond the importance of giving for the sake of serving others, there are also good financial reasons for opening your pocketbook a little wider during this time. The recent Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) encourages charitable giving in a couple of new ways:

  1. If you are one of the 9 in 10 who claim the standard deduction on your taxes, you may now claim an additional $300 in cash contributions to non-profit organizations.
  2. If you itemize, the normal charitable deduction limit of 60% of your AGI has been lifted for 2020. (You still can’t give more than 100% AGI, and some charities may not qualify. So see your tax professional for advice.)

BUSINESS TRANSACTIONS

Many companies that were flying high last year simply aren’t worth what they were anymore. Many buyers are “pushing pause” until markets rebound and updated values can be obtained.

Valuations in the climate of a pandemic largely depend on the industry. Some may not recover, while a few are seeing record growth. If business has been good, the anomaly of the economic lockdown can be largely disregarded. All of this affects when it will be a good time to sell again.

Another important thing to consider is the way we will do business going forward. Some things have changed temporarily during “crisis mode”, but some may never be the same again.

For example, face-to-face meetings have been replaced by Zoom out of necessity. (Don’t you wish you had bought some of that stock last year?) However, many industries such as lodging, food, and travel may be greatly impacted as businesses find virtual meetings to be much more convenient and just as productive even after COVID-19 is a bad memory.

These are all things that we are taking into consideration when we perform our appraisals.

We don’t have a crystal ball. However, one thing is certain right now—nothing is normal. In fact, it could be a couple of years before we truly know what the ‘new normal’ is. So hang in there!

While we may be in different boats, we are all in the same storm. As we wait for calmer seas, Southard Financial is here to help you be as prepared as possible to succeed on the other side. Contact us with any concerns you may have in the areas of ESOPs, Community Bank Valuations, Gift & Estate Taxes, or Business Transactions at 901-761-7500 or online at southardfinancial.com.

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Recent Activities

  • Southard Financial was proud to be a Bonze Sponsor of The ESOP Association Annual Conference in 2021, 2022, and 2023

  • Southard Financial was proud to be a Platinum Sponsor of the New South Chapter of The ESOP Association in 2020 and 2021

  • Southard Financial was proud to be a Member Bank Sponsor of the Ole Miss Banking & Finance Symposium in 2017, 2018, 2019, 2022, and 2023

  • Southard Financial was proud to be a Co-Sponsor of the National Center for Employee Ownership ESOP Nuts & Bolts Event in 2018

  • Southard Financial was proud to be a Corporate Sponsor of the Mid-South Minority Business Council in 2017 and 2018

  • Dave Harris attended The ESOP Association Annual Conference in 2018, 2019, 2022, and 2023

  • Dave Harris attended The ESOP Association Professionals’ Forum in 2019, 2020, 2021 (virtual), and 2024

  • Dave Harris attended the National Center for Employee Ownership Annual Conference in 2015, 2016, 2018, and 2019

  • Mark Orndorff and Matthew Jakes attended the National Center for Employee Ownership Annual Conference in 2017

  • Southard Financial attended the National Center for Employee Ownership Annual Conference in 2020 (virtual) and 2021 (virtual)

  • Mark Orndorff attended The ESOP Association Professionals’ Forum in 2023

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    Southard Financial facilitated the sale of Flint Hydraulics to Hydraquip, Inc.
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    Southard Financial facilitated the sale of Memphis' own Cooper Glass Company
  • David A. Harris and Mark A. Orndorff spoke at the 2019 Annual Fall Conference of the New South Chapter of The ESOP Association

    David A. Harris and Mark A. Orndorff spoke at the 2019 Annual Fall Conference of the New South Chapter of The ESOP Association held in Orlando, Florida on October 16-17. They gave a presentation titled “Can Employees Really Impact Company Value?”

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  • David A. Harris and Matthew L. Jakes spoke at the 2019 Spring Workshop of the New South Chapter of The ESOP Association

    David A. Harris and Matthew L. Jakes spoke at the 2019 Spring Workshop of the New South Chapter of The ESOP Association held in Atlanta, Georgia in February, 2019 on the topic of “Valuation Appraisal Checklist – 10 Things Your ESOP Appraiser Should be Doing”

  • David A. Harris spoke at The Fall ESOP Forum of the NCEO

    David A. Harris spoke at The Fall ESOP Forum of the NCEO (National Center for Employee Ownership) held in Albuquerque, New Mexico in October, 2018 on the topic, “Communicating Valuation: Tools, Tips, and Examples”.

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    Southard Financial negotiated the sale of and was the exclusive financial advisor to Southern Systems, Inc.
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    David A. Harris spoke at the 2018 Annual Fall Conference of the New South Chapter of The ESOP Association held in Birmingham, Alabama in September, 2018. He led a workshop called “The People’s Roundtable Interactive Workshop – A series of ‘Build to Last’ activities that focus on developing successful communication and team building programs for employee owners of all generations.” Speakers included Dolores Lawrence, Blue Ridge ESOP Associates; Lindsay Baublitz, SCandH Capital; David Harris, Southard Financial LLC

  • Mark A. Orndorff spoke at the ESOP Nuts & Bolts Seminar of the NCEO

    Mark A. Orndorff spoke at the ESOP Nuts and Bolts Seminar of the NCEO (National Center for Employee Ownership) held in Indianapolis, Indiana in August, 2018 on the topic of “What’s Your Company Worth? – ESOP Valuation.”

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    Southard Financial helps Transnetyx expand with growth capital
  • Mark A. Orndorff spoke at the American Booksellers Association Winter Institute

    Mark A. Orndorff spoke at the American Booksellers Association Winter Institute 2018 held in Memphis, TN in January, 2018 on the topic of Succession Planning titled “What is Your ‘End Goal’?”

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