Buy-Sell Agreement FAQ

Can a buy-sell agreement be used to avoid estate taxes?

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Can a buy-sell agreement be used to avoid estate taxes?

Buy-sell, or buyout, agreements have been used successfully to lower estate taxes in intergenerational businesses -- businesses where at least one co-owner plans to leave the interest to heirs who will remain active in the business. This can help a family business owner pass the business on to children or other relatives without burdening them with unnecessary estate taxes caused by an aggressive value of the business. The key for estate planning is choosing a conservative price or valuation formula for the business in the buy-sell or buyout agreement. The result can be to legally set the value of the ownership interest at an amount considerably lower than its sales value at the time of death.

For more information on buyout agreeements, see Business Buyout Agreements: A Step-by-Step Guide for Co-Owners, by Bethany Laurence & Anthony Mancuso (Nolo).

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