Financial Planner

Category - Estate Planning

What type of agreement is a contract binding the owner of a business interest to sell the business interest for a specified or determined price at his or her death or disability?
  1. Personal Holding Agreement
  2. Stock Recapitalization
  3. Partnership Capital Freeze
  4. Buy-sell Agreement
Explanation
Answer: D - Buy-sell agreements are contracts binding the owner of a business interest to sell the business interest for a specified or determined price at his or her death or disability. If a fixed price is used in the buy-sell agreement, the IRS will take a long look at it. Planners should suggest the client use a formula that allows for the business value to increase or decrease as time passes. If a formula is not appealing, then an appraisal for the business at the time of the decedent’s death will help avoid the IRS’s scrutinizing the value of the agreement.
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