Ideas for Estate and Transition Planning: Gifting Ownership

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Farm families who decide to gift a portion of the business to heirs should weigh the options carefully — gifting shares during life may reduce the donor's tax liability but could also lower their income, whereas transferring ownership at death allows heirs to benefit from a step-up in the asset's tax basis, potentially reducing capital gains taxes. (CAP photo)

Ideas for Estate and Transition Planning: Gifting Ownership

For many farm and ranch families, bringing children or grandchildren into the operation is the ultimate goal. Successfully bringing additional family members into the operation may require some creativity as all parties need to maintain a viable standard of living. This article is part of a series that will highlight ideas and tactics for bringing another family member into the operation. If this is the first article you are seeing in this series, I would encourage you to go back to the previous articles for background and additional guidance.

Gifting Shares of Farm Business Ownership

A strategy that is gaining popularity is the gifting of shares or a percentage of the business from the owner to their heirs. In this article, the person gifting shares, or ownership is called the donor, and the person receiving shares or ownership is the donee.

To employ this strategy, you must have an entity structure that allows for the transfer of shares or changes to the percentage of ownership, such as a partnership, LLC, or corporation. These shares or a percentage of ownership could be gifted to the done while the donor is alive or at the donor’s death.

Gifting shares or a percentage of the business can be tricky. Work with your financial team to determine the liabilities, asset basis, and value. When gifting shares or a percentage of the business, you may be able to use the annual gift exclusion or the lifetime gifting exclusion. This should be done with the guidance of an attorney and accountant. See previous articles for more details.

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