Estate Planning Business Valuations

Maximize tax benefits and facilitate wealth transfer with strategic business valuations. Learn about valuation discounts, timing strategies, and compliance requirements for estate and gift tax planning.

Not Tax or Legal Advice This information is for educational purposes. We provide valuation services only. Tax and legal strategies should be developed with appropriate advisors. We do not provide tax or legal advice.

Common Estate Planning Valuation Purposes

Gift Tax Valuations

Annual exclusion gifts, lifetime exemption planning, and charitable giving strategies requiring current fair market value.

Estate Tax Valuations

Date-of-death valuations for federal and state estate tax returns, including alternate valuation date elections.

Buy-Sell Agreements

Establishing values for succession planning and ensuring agreements meet IRS requirements for estate tax purposes. Funded with life insurance - coordination with insurance professionals recommended.

Key Valuation Discounts for Estate Planning

Minority Interest Discount

Reflects lack of control over business decisions:

  • • Illustrative range: 10-40%. Actual discounts must be supported by specific facts and circumstances.
  • • Higher in family-controlled businesses
  • • Consider voting vs. non-voting interests
  • • Document control restrictions carefully
Marketability Discount

Reflects lack of ready market for interests:

  • • Illustrative range: 15-50%
  • • Consider transfer restrictions
  • • Family attribution rules
  • • Right of first refusal provisions
Key Person Discount

When business success depends heavily on the owner/transferor, additional discounts may apply for estate planning purposes. This is particularly relevant for professional practices and owner-operated businesses.

Important: Discount ranges shown are for educational purposes only. IRS scrutinizes aggressive discounts. Each discount must be professionally determined and documented.

Strategic Timing Considerations

Optimal Gift Timing

Important: Timing strategies should be coordinated with tax and legal advisors.

Before Value Increases

  • • Pre-IPO or sale preparations
  • • Before major contracts awarded
  • • During economic downturns
  • • Early in business lifecycle

Consider Business Cycles

  • • Seasonal earnings patterns
  • • Industry cyclical trends
  • • Temporary earnings decreases
  • • Restructuring or transition periods
Common Valuation Considerations for Multi-Year Strategies

Important: The following are valuation timing considerations. Tax strategies should be developed with qualified tax advisors.

Annual Exclusion Gifts

Valuations may be needed annually

Grantor Retained Annuity Trusts

Valuation critical at funding

Sales to Intentionally Defective Grantor Trusts

Fair market value determination required

Note: Consult with tax counsel regarding structure and tax implications.

IRS Compliance & Documentation

Required Documentation
  • Complete appraisal report by qualified appraiser meeting IRS requirements under IRC §170(f)(11) and Reg. §1.170A-13
  • Form 709 (Gift Tax Return) filing requirements
  • Supporting financial statements and documents
  • Corporate records and ownership documentation
Potential IRS Challenges
  • Excessive valuation discounts
  • Inadequate appraisal methodology
  • Lack of business purpose for transfers
  • Family attribution and control issues
  • Valuation date discrepancies

Best Practices for Estate Planning Attorneys

Early Planning

• Obtain baseline valuation early

• Document business purpose for transfers

• Consider recapitalizations to create minority interests

• Plan for multi-year gifting strategies

Appraiser Selection

• Choose credentialed appraisers (ASA, ABV, CVA)

• Verify experience with estate/gift work

• Ensure independence from client

• Review prior IRS examination history

• Confirm appraiser meets IRS qualified appraiser requirements

• Verify no prohibited financial interests

Documentation

• Maintain comprehensive gift records

• Document restrictions and their purposes

• File protective elections when appropriate

• Consider adequate disclosure requirements

Fee Structure Transparency

Valuation Report (Fixed or quoted fee)

• IRS-compliant valuation report

• Supporting documentation

• One consultation with counsel

Additional Services (Hourly basis)

• Amended valuations for changed circumstances

• IRS examination support

• Multiple entity valuations

• Annual update valuations

• IRS audit support and testimony billed separately

IRS Qualified Appraiser Requirements

We Meet IRS Standards
Professional certification (ASA, ABV, CVA)
Regular business valuation practice
Qualified appraisal education
No prohibited relationships
Proper insurance coverage

Expert Business Valuations for Estate Planning

Maximize tax benefits and ensure IRS compliance with professional business valuations. Work with a credentialed appraiser experienced in estate and gift tax planning strategies.