Don Hofstrand Extension Field Specialist Founder, Ag Decision Maker www.extension.iastate.edu/agdm Co-Director, Ag Marketing Resource Center www.AgMRC.org dhof@iastate.edu 641-423-0844 Critical Success Factors (can you answer YES to these questions?) Are the parents ready for a partner? Is the child committed to farming? Is the business large enough? Do you have a Common Vision of your future together? Can you live and work together? Are the non-farming children supportive? Transfer Plan Transfer Stages Testing Transfer Ownership Commitment Established Withdrawal Sale, Gift, Inheritance Transfer Mgmt. General Manager, Equal Voice Divide Income Wage, Contributions, 50-50 Division, Lease Business Arrangements Transfer Stages Testing Wage Wage & Incentive Commitment Established Multi-Person Farm or Enterprise Operating Agreement Partnership Corporation Spin-Off Wage & Income Sharing Labor & Machinery Sharing Labor & Machinery Sharing Separate Operations Withdrawal Lease Corporation Transfer Period Short Transfer Period older party younger party time Transfer Period Long Transfer Period older party younger party time Two Basic Choices Multi-Person Arrangement Spin-Off Arrangement Multi-Person Approach P Business P&C Business P C Business C Spin-Off Approach P C Business P P C Business Business C Business Tax Implications of Asset Transfers Transfers Sale Gift Inheritance Transfer Taxes Sales Taxes Gift Taxes 1 Death Taxes 2 Income Tax 3 1. 2. 3. Federal gift tax, no Iowa gift tax Federal estate tax, Iowa inheritance tax Federal & state income taxes Income Tax Implications Machinery Example $50,000 fair market value $30,000 income tax basis Income Tax Implications Sale – tax paid Seller $50,000 sale value 30,000 basis $20,000 taxable gain* Buyer $50,000 basis *depreciation recapture & capital gains Income Tax Implications Gift – tax postponed Donor $50,000 gift value (gift tax) 0 taxable gain Donee $30,000 basis Income Tax Implications Farmland Example $100,000 fair market value 60,000 income tax basis Income Tax Implications Sale – tax paid Seller $100,000 sale value 60,000 basis $ 40,000 taxable gain Buyer $100,000 basis Income Tax Implications Gift – tax postponed Donor $100,000 value (gift tax) 0 taxable gain Donee $ 60,000 basis Income Tax Implications Inheritance – tax eliminated Decedent $100,000 value (death taxes) 0 taxable gain Recipient $100,000 basis General Considerations Valuation Appraiser Dealer Auctioneer Disposal of machinery not wanted by successor Transferring Ownership (personal property) Sale Leasing Gifting Combinations Outright Sale Simple Tax consequences of seller Depreciation recapture Capital gains Cash flow needs of buyer (third party financing) New income tax basis for buyer Installment Sale Payments spread over period of years Spreads buyers cash-flow commitment Tax consequences of seller Depreciation recapture Capital gains Seller financed New income tax basis for buyer Piecemeal Sale Spread tax consequences of seller Depreciation Capital recapture gains New income tax basis for buyer Spreads buyers cash-flow commitment Flexible—can vary sale amount from year to year May use with a lease If retired and not leasing out unsold machinery, cannot claim depreciation Gift No compensation received by donor (giver) No cash-flow commitment by donee (receiver) Financial needs of donor Equity issue with non-farm heirs Gift tax consequences $10,000 annual exclusion No income tax consequences of donor Donor’s income tax basis carries over to donee Combination Sale/Gift Buyer cannot afford to pay full value for assets Seller cannot afford to give away asset Better utilization of annual gift tax exclusion Minimize sellers tax liability Lease/Sale Order of Asset Transfer Younger Party Older Party 1 1 Breeding Livestock 2 2 Machinery 3 3 Buildings & Facilities 4 4 Land 5 5 Asset Operations & Feeder Livestock Decision Making Authority A. General Manager 1. On-going decisions 2. Both parties Major decisions Final authority Decision Making Authority B. Equal Voice 1. 2. Both parties Final authority One party Vote Arbitration Transferring Management Child’s goal = Develop management Parent’s goal = Protect financial interest and desire for control Traditional parent-child roles “Taking Things Easier” Training ground Written arrangement Consistency of goals Tranferring Management 1. Division of Responsibility 2. Management Styles 3. Enterprise division Functional division Analytical vs. interpersonal Competitor vs. peacemaker Withdrawing from Management Income Sharing Arrangements 1. Contributions approach – share income based on contributions 2. 50/50 approach – pay a return to resources and share residual Contributions Approach Parent Child Resources Resources (Annual value=$100) (Annual value=$50) Joint Operation 67% contributed by parent 33% contributed by child Contributions Approach Gross Income $300 67% to parent = $200 33% to child = $100 Direct Expenses $100 67% to parent = $67 33% to child = $33 Net Parent = $133 Child = $67 $200 50/50 Approach Gross Income Direct Expenses Net Return $300 $100 $200 Parent’s Resources (an. value) Child’s Resources (an. value) Net $100 $ 50 $ 50 Parent $ 25 $100 $125 Child $ 25 $ 50 $ 75 Business Concept Opportunity Cost Assume I can use a resource in both Enterprise A and B. If I invest in A, the opportunity cost is the income I forgo by not investing in B. If I invest in B, the opportunity cost is the income I forgo by not investing in A. Income Sharing Arrangement What is the annual value (cost) of a resource used in a business venture? Land Machinery & Livestock Operating Capital Comparable cash rent Return on investment Depreciation, etc. Return on investment Contributions Approach Parent Land Child $52,000 Total $52,000 Machinery 24,000 6,000 30,000 Labor 23,000 33,000 56,000 Management Total 10,000 $109,000 8,000 18,000 $47,000 $156,000 Parent’s Share 109,000 156,000 = 70% Child’s Share 47,000 156,000 = 30% Contributions Approach (allocating income) Gross Income Prod. Expenses Return Parent’s $186,200 -65,800 $120,400 Child’s $79,800 -28,200 $51,600 Contributions Approach (cash flow) Return Land Taxes Land Debt Machinery Debt Net Cash Flow Parent’s $120,400 -8,000 -35,000 -4,000 $73,400 Child’s $51,600 0 0 -3,000 $48,600 50/50 Approach Gross Receipts Production Expenses Net Return $266,000 -94,000 $172,000 Parent’s Land Parent’s Machinery Child’s Machinery Parent’s Labor & Mgmt. Child’s Labor & Mgmt. Profit -52,000 -24,000 -6,000 -33,000 -41,000 $ 16,000 50/50 Approach (allocating income) Land Machinery Labor Management Profit Total Return Parent $52,000 24,000 23,000 10,000 8,000 $117,000 Child $ 0 6,000 33,000 8,000 8,000 $55,000 50/50 Approach (cash flow) Total Return Land Taxes Land Debt Machinery Debt Net Cash Flow Parent $117,000 -8,000 -35,000 -4,000 $70,000 Child $55,000 0 0 -3,000 $52,000 Problem Areas Parent’s Perspective Transfer their dreams Inspection tour Advice on raising children Social life Daughter-in-law Son-in-law Problem Areas Adult Child’s Perspective Accept parent’s lifestyle Marriage spats Confidant Baby sitting Carrying stories Keys to Success Strengthen Family Relationships Improve Communication Skills Recognize Individual Differences Allow for Management Participation Practice Family Decision Making Encourage Diversionary Activities Separate Housing is Required Fit the Agreement to the Situation Keys to Success (continued) Develop a Written Agreement Update the Business Arrangement More than One Child Concerns of Off-Farm Heirs Parents Without an Interested Child For More Information Ag Decision Maker www.extension.iastate.edu/agdm