I am going to make this format a little less formal. More fluid. So don't gig me for my spelling, grammer, punctuation, I plead the fifth. In this case, the community will have no cash liquidity (not booze) with most of the capital tied in real estate and the community business. How does one spouse buy out the other's interest in the business (a C-Corp) without liquidating assets? Do the parties set up a note payable where the buyer can make payments, using after tax dollars? However, what if the spouse(buyer) decides to pay the obligation directly through/from the cash of the business (C-Corp)?
Does this transaction trigger a taxable event? Is there a way to avoid taxes completely on this transaction? If it is a taxable event, what option would result in the lowest taxes? Should both parties be liable for the tax? Should the buyout price be adjusted/discounted for taxes?
This issue comes up often in divorce, and no one seems to have a definitive answer. Professionals have strong opinions but usually opinions not supported by the tax code/law. You could apply common sense to this issue. However, common sense should never be applied to tax issues, because, "it's the tax code".
You'll have to come back later for the answer.
Any tax advice contained on this Blog was not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the tax payer. In addition, the author of the blog makes no representation as to the accuracy or completeness of his statements and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this Blog.
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Business Appraisal Services:
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Family Law:
Analysis of Cash Flow for Child and Spousal Support
Valuation of Closely Held Businesses Specializing in Divorce Appraisal Issues
Tracing of and Identification of Marital Assets
Missed Assets and Breach of Fiduciary Responsibility Issues
Experience with collaborative and assistance with settlement negotiations
Court Appointed 730 Forensic Accountant
Civil Ligitation:
Valuation of Closely Held Businesses
Fraud Investigations to include embezzlement, financial reporting fraud, foreign corrupt practices act, loan fraud, fidelity claims, Ponzi schemes and bankruptcy fraud
Digital forensic services to include data extraction, construction of financial records and data mining
Partnership and Shareholder Disputes
Economic Damages for Businesses, Personal Injury, Death, and Wrongful Terminations
Criminal Fraud Transactions
Estate and trust fiduciary breach investigations to include complex tracings of financial transactions
Business Appraisal Services:
Financial Litigation Support
Goodwill Impairment
Intangible Assets
Purchase Price Allocations
Tax Compliance for Estate and Trusts
Financial Statement Reporting
Shareholder buyouts, buy/sell provisions
Succession Planning
Wednesday, October 12, 2011
Buy Out Spouse's Interest in a Community Business (C-Corp) from the Company's Assets - Does This Trigger a Taxable Event?
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