kraftdda said:
My question is I own a trucking company and currently have about 1,000,000 in assets in that. I own 2 homes with a combined value of about 350,000. 1 leased suv, and 2 owened autos. I only have about 30,000 in a retirement account, about 100,000 in checking account, to make payroll and other bills on trucking. My wife and I have 2 kids ages 7 and 9 and we have about 20,000 for each in 529. Currently only debt is about 120,000 note on trucking operation. I trade equipment at 4 years and depreciate it on a 4 year basis. I want to retire from this as soon as possible. Possibly part time work doing something but get away from 7 days a week. I am 40 years old. Our net from trucking is about 180,000 a year. My wife does not work except for our bookwork. Someone help put us on the right track. Any tricks on selling out without big tax? Thanks for your input.
The following is not tax advice and any U.S. federal tax advice included in this communication was not intended to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties.
This is a complicated area and you should get competent legal and tax advice. The information above is too limited for advice. However, at a minimum, you may want to consider the following:
1) evaluate income tax impact with estate tax planning (if the value of your business is high enough and you intend to leave an estate)
2) there are no tricks to avoid tax (outside of dying -- but see estate planning); there may be possible ways to defer tax if properly structured
3) any advice would depend on how your business is structured (C Corp, S Corp, partnership, sole proprietorship) and sold. Since a buyer would want step-up on the assets, a sale from a C Corp would be expensive to the seller (double tax) whereas an S Corp can use a 338(h)(10) election if necessary, partnership interest a 754 election, etc.
4) as a seller, you would generally prefer capital gains to ordinary rates or recapture rates so allocation of the purchase price to the classes of assets is important
5) a buyer would generally want step up in the depreciable/amortizable assets with a shorter tax life so there may be a tension with #4, both under the constraints that allocations should reflect fair market value
6) transfer taxes may often be mitigated by how the transfer takes place (depends on the state) so this should be reviewed as well
7) deferral mechanisms can be more tax efficient but typically mean a deferral of income or receipt, such as an installment sale, so there may be additional economic risk (as opposed to receiving everything upon closing)
There are no magical bullets which eliminate taxes and there are a litany of other tax issues that should be considered in addition to the above. I hope that your business and personal assets are not commingled -- it is not clear from the above -- as this makes the tax analysis more difficult. You should discuss your financial goals with your advisors and work out a structure which best suits your situation.