When it comes to preparing for retirement, transitioning their business and putting a succession plan in place, many small business owners simply aren’t realistic, says the article “Business Owners Dream (Wrongly) of an Easy Retirement Transition” from Plan Advisor. While it’s great that they believe in their businesses, by putting every last dollar they have into the business, thinking they will reap the rewards when it’s time to sell, they put themselves in a risky position.
Many small business owners treat their business as their nest egg. That may not be wrong, but if there is no other estate planning or retirement planning, there are a number of ways this could go wrong.
For one thing, it’s not likely that the value of the business at the time of the sale can be guaranteed. What if the value of the business is not as strong as the owner thinks it is? It’s better to have more than a few eggs in a retirement basket, including savings in retirement accounts that provide tax advantages.
The business owner can open a 401(k), SEP-IRA, SIMPLE or a pension plan. Because these types of accounts are tax deferred, the investments can grow while avoiding taxation. The best retirement plan for any small business owner depends upon how much income the business generates, how stable earnings are, how many employees there are and how generous the business owner wishes to be with the full-time employees.
This last factor matters because the law requires most tax-deferred plans to be fair to all employees. A business owner cannot open a 401(k) for themselves and exclude full-time employees. However, the appreciation of employees for having a 401(k) plan should be considered. By investing in an employee retirement plan, and perhaps a matching program, the business becomes more attractive to current and future employees.
Estate planning is a critical piece of the succession plan. A true family legacy plan needs to go beyond defining who will be in charge of the business and estate if the owner dies, and how the business and any other assets will be divided. If there is no will, the state’s laws will govern how assets are divided.
An estate planning attorney who routinely works with business owners will be able to help with the formation of a succession plan, with an eye to fulfilling the owner’s goals for themselves and their family. It should be understood that any succession plan needs to work in conjunction with the overall estate plan, so that both can achieve their respective goals.
For a succession plan to work, it needs to be put into place five to ten years in advance. If a sale of the business is at the heart of the plan, it can take five years to value the businesses’ profitability, formalize the management structure, identify a solid buyer, determine how the transition will be made, etc.
The attorneys and team at Nickerson Law Group help families with estate planning, probate, guardianship, and special needs trust planning in Austin, Cedar Park, Round Rock, Georgetown, Lakeway, Bee Cave, Dripping Springs and the central Texas area. For more information and to learn about our firm, visit Nickerson Law Group’s website. www.estateplanningaustintexas.com
Reference: Plan Advisor (December 12, 2019) “Business Owners Dream (Wrongly) of an Easy Retirement Transition”