NJ Inheritance Tax is computed on the clear market value of property transferred, valued at the date of death. In the Estate of Claire Schinestuhl,the NJ Division of Taxation determined that the shares of a publicly traded company inherited by the decedent, Claire, from her brother, Prescott Schinestuhl must be separately valued as of the date of Claire’s death and not about two years later when the sale proceeds of the shares were distributed by her brother’s estate. [Read more…] about NJ Court Clarifies Contingent Interest for Estate Asset Valuation
Business Valuations
Gift Tax Valuations enjoy new IRS Loophole
With the current low asset values and the estate/ gift- tax exemption slated to be reduced to $1 million in 2013 (from its current $5 million level), many are considering sheltering their assets by making large gifts. A prevalent concern is the valuation of these large gifts. What if the IRS challenges your estimate and wants more gift taxes? In Estate of Petter vs Commisioner, a popular technique to sidestep gift taxes was affirmed. [Read more…] about Gift Tax Valuations enjoy new IRS Loophole
NJ Estate Valuation Case Highlights Importance of Buy-Sell Agreement Terms
When drawing up a buyout clause it is critical to specify, in no uncertain terms, the value to be applied to the partner’s share. There will often be a significant disparity between book value and current market value, as many years may have transpired by the time the triggering event takes place. If book value is chosen, it can result in someone else reaping the fruits of the bought-out partner’s labor. [Read more…] about NJ Estate Valuation Case Highlights Importance of Buy-Sell Agreement Terms
Judge Invalidates Tax-Affecting in Estate Business Valuation
Estate of Gallagher V. Commissioner
A recent decision from the U.S. Tax court tackles a myriad of issues pertaining to private company appraisal, most notably the issue of tax-affecting. The case involves the business valuation of a decedent’s minority interest in a privately held newspaper publishing company. The taxpayer’s expert made tax affected adjustments by assuming a 39-percent income tax rate in calculating the company’s future cash flows before discounting the company’s future earnings to their present value. He also assumed a 40 percent marginal tax rate in calculating the applicable discount rate. [Read more…] about Judge Invalidates Tax-Affecting in Estate Business Valuation