For What Its Worth - Winter 2011
Winter 2011 PDF
Winter 2011 Articles
- The "BIG" Tax Issue in Business Valuations
- PA Requires Divorce Courts to Consider Tax-Effecting a Business
Professionals
The "BIG" Tax Issue in Business Valuations
Logically a collection of assets subject to a liability is worth less than assets free of such obligation. This is the underlying premise of the built-in gains (“BIG”) valuation discount which is sometimes also referred to as trapped in or embedded capital gains tax.
Typically, a taxpayer incurs a tax liability to the extent an asset is sold at a price exceeding the seller’s adjusted basis in an asset. The issue from a valuation context is whether this tax liability should be taken into consideration in determining the fair market value of an ownership interest in a closely-held business. more
PA Requires Divorce Courts to Consider Tax-Effecting a Business
How (and whether) to tax-effect depends very much on jurisdiction, and there’s no clearer reminder of this than Balicki v. Balicki, 2010 PA. Super. 134 (July 30, 2010).
In 2005, the Pennsylvania legislature amended the state’s Divorce Code, adding two specific considerations in the family courts’ equitable division of property:
- The Federal, State, and local tax ramifications associated with each asset to be divided, distributed, or assigned, which ramifications need not be immediate or certain; more
FWIW is intended to inform readers of developments in the field of valuation. The articles written may, or may not, reflect the opinion of the authors. Please note, any advice contained in this publication was not intended, or written, to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This publication is distributed with the understanding that the publisher and distributor are not providing legal, accounting or other professional advice and assume no liability whatsoever in conjunction with the information contained within this publication.