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Tax Purpose Valuations

Comply with IRS Requirements when Gifting or Transferring Private Company Shares or Business Assets.

Estate Tax
Tax Purpose Valuations Overview

Valuations for Compliance with Federal Gift and Estate Tax Regulations

Whitehawk Advisory specializes in delivering comprehensive valuation services tailored for federal gift and estate tax purposes. When it comes to federal taxation, various types of gifts and estate transfers are subject to scrutiny based on the stringent standards set by the Internal Revenue Service. It is imperative that the values transferred align with the fair market value, a concept defined by the Internal Revenue Service in accordance with the guidelines of Revenue Ruling 59-60. This ensures compliance and accuracy in the assessment of federal taxes, safeguarding against potential discrepancies and financial liabilities.

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Tax
Tax Purpose Valuations Process

Delivering IRS-Compliant, Defensible Valuation Reports

Our work product meets IRS's stringent requirements, considering tax court decisions, revenue rulings, and IRS Code sections like IRC 2701 and 2702. We ensure our valuations are defensible, objective, and well-researched, helping taxpayers substantiate their gift and estate tax returns. Our goal is to provide a solid, meticulously prepared valuation report that withstands scrutiny and robustly supports the taxpayer's claims.

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Frequently Asked Questions

IRC 409A regulates the taxation of nonqualified deferred compensation, such as stock options and phantom stock. Enacted in 2004, it prevents executives from deferring income to avoid taxes. It requires compliance with rules about deferral elections and payment timing and prohibits acceleration or modification of payments. Noncompliance triggers penalties, including a 20% additional tax on the employee.

A 409A valuation is an independent appraisal of a company's common stock to determine the exercise price of stock options and other equity compensation. It ensures the exercise price is not below the fair market value (FMV) to avoid triggering deferred compensation rules under IRC 409A. A qualified appraiser typically conducts the valuation, which is valid for 12 months unless the company's situation changes materially.

A 409A valuation is required if you offer stock options or equity compensation to employees or others. It ensures IRC 409A compliance, preventing adverse tax consequences for the company and its employees. It also establishes a defensible exercise price, helping with talent attraction and retention while fulfilling IRS reporting requirements.

Private companies offering stock options or equity compensation to employees, consultants, advisors, or directors need a 409A valuation to ensure IRS compliance.

To get a 409A valuation, hire a qualified appraiser with experience valuing private companies. The appraiser will need financials, cap tables, and other relevant data to perform the valuation. Once completed, you'll receive a detailed report with the methodology and results. A 409A valuation should be updated at least annually or during material changes.

A 409A valuation typically takes 5 to 10 business days to complete, depending on the complexity of your company's data.

The cost of a 409A valuation depends on your business's size and complexity. Contact us for a personalized quote.

It is advisable to conduct a business valuation annually or when significant events occur, such as substantial growth, market changes, or ownership transitions. Regular valuations help track performance and prepare for opportunities or challenges.

The duration varies based on complexity but generally ranges from 2 to 4 weeks. Timely provision of necessary documentation can expedite the process.

Exit planning involves strategizing for a business owner's departure through sale, succession, or other means. It ensures a smooth transition, maximizes business value, and aligns with the owner's personal and financial goals.

Ideally, exit planning should begin 3–5 years before the intended transition. Early planning allows for value enhancement, tax optimization, and addressing potential challenges. It should be tailored to your financial, operational, and personal goals.

We work with businesses at all stages, from early-stage startups needing their first 409A to mature companies planning exits or involved in litigation.

Companies may pursue recapitalization to:

  • Improve financial flexibility. Prepare for
  • mergers or acquisitions. Address
  • changing market conditions. Facilitate
  • ownership transitions or buyouts.

Tax valuations are essential for complying with IRS requirements in situations like estate and gift planning, charitable donations, or corporate reorganizations. These valuations need to be well-documented and defensible to minimize audit risk.

Exit planning involves strategizing for a business owner's departure through sale, succession, or other means. It ensures a smooth transition, maximizes business value, and aligns with the owner's personal and financial goals.

Ideally, exit planning should begin 3–5 years before the intended transition. Early planning allows for value enhancement, tax optimization, and addressing potential challenges. It should be tailored to your financial, operational, and personal goals.How long does the exit planning process take?

The timeline for exit planning can vary depending on the complexity of your business and your goals. However, executing a well-prepared exit plan usually takes 6 to 24 months. It's crucial to start the business exit process as early as possible—the earlier we begin, the more time we have to optimize your business's value, address any potential issues, and implement strategies to enhance your returns.

The right time to exit your business depends on various factors, both personal and business-related. We can help you evaluate the best time to exit and establish a strategy that ensures maximum value and a smooth transition, regardless of your business stage.

Recapitalization is restructuring a company's debt and equity to improve financial stability, enable growth, or prepare for ownership transitions.

Austin's fast-paced market demands financial flexibility. It can help you take advantage of growth opportunities or weather economic shifts.

The recapitalization process can take 4 to 12 weeks, depending on the deal's complexity and the capital partners involved.

Yes, depending on your goals. We design solutions that balance funding with control preservation.

A gift & estate tax valuation determines the fair market value of assets being transferred through an estate or as gifts. These valuations are essential for calculating estate and gift taxes and ensuring compliance with IRS requirements.

Common assets that require valuation include:

  • Real estate
  • Businesses
  • Personal property
  • Investments
  • Life insurance policies and more.

The value of your estate is determined by assessing each asset at its fair market value (FMV), which is the price it would sell for in the open market. For real estate, this might involve a comparative market analysis; for personal items like art or jewelry, appraisals from specialists may be required.

The time it takes to complete a gift & estate tax valuation depends on the complexity of the estate and the types of assets involved. Typically, the process can take a few days to several weeks. After the initial consultation, we will provide a more accurate timeline based on your needs.

A litigation advisor provides strategic guidance to businesses facing legal disputes, helping them navigate the legal process and mitigate risks.

Contact a litigation advisor early to assess your legal options, decrease threats, and build a strategy for handling the situation effectively.

By hiring a litigation advisor, you can address legal issues, lowering the need for expensive court battles and achieve better outcomes through strategic negotiations.

Our Resources

Client Wins & Market Insights

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