Gift Tax Valuations

By: Patrick C O Connor
Submitted: 2008-09-04 16:19:28
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Gift tax valuations are prepared for many reasons. Gift tax includes market value of gifts to charity, market value of conservation easements and gifts in excess of annual limit. Well-reasoned planning of gifts can minimize gift taxes, income taxes, and estate taxes.

Gifts to charity are included in the gift tax laws. Gifts to charity can reduce taxable income and income tax. Donate appreciated assets and you do not have to pay capital gains tax. However, you receive a deduction for the current market value of the asset.

Gifts made prior to death are often made to transfer wealth and reduce estate taxes. There are no gift taxes if the gift per person is below a specific amount per recipient. Both husband and wife can each give the max amount to each other and not pay the gift taxes.

Advanced planning and proper structuring can maximize the transfer of wealth without relinquishing control. Consider XYZ Company, owned by Mr. and Mrs. Carnegie, which is worth $10 million. Clearly a taxable estate.

  • Split into 100 A shares which own 10% and have 100% of control and 100,000 B shares which own 90% and have no voting rights;
  • B shares are transferred to ABC Company which has stocks and other liquid assets worth $1,000,000.

Assume market value of all ABC assets are worth $5.5 million (1.0 million + 50% x 9.0 million). Mr. and Mrs. Smith own 90% of ABC and the remaining 10% is owned by employees of XYZ Company. ABC is not a public company and shares may not be sold without prior approval of Mr. and Mrs. Smith during their life (sole discretion). Assume a 40% discount for illiquidity and lack of control, 1% of ABC is worth $27,000 (4.5mm x .01 x .6).

Hence assets worth $10,000,000 ($9million + $1million) are reduced in value to $2.7 million. If they have four children and each give the maximum, they can give 4.74% per year and not pay gift taxes.

O’Connor & Associates is the largest independent appraisal firm in the southwestern US and has over 40 full-time staff members engaged full-time in valuation and market study assignments. Their expertise includes gift tax valuations, feasibility studies, valuing real estate, business personal property, business enterprise valuation, purchase price allocation for businesses, valuation for property tax assignments, partial interest valuation, estate tax valuation, expert witness testimony and valuation for condemnation.

The appraisal division of O’Connor & Associates is a national provider of commercial property real estate appraisal services including Houston Commercial Comparable Sales, Dallas Fort Worth Commercial Comparable Sales, in Commercial Comparable Sales, Commercial comparable sales approach, San Antonio commercial comparable sales, Commercial land sales, Commercial comparable sales matched pair analysis, Commercial sales confirmation and Comparable sales land abstraction. Appraisal services are provided for all commercial property types including 1 multi-family housing, retail stores, hospitals, hotels, industrial properties, manufacturing facilities, medical offices, commercial offices, restaurants, self-storage units, shopping malls, shopping plazas and warehouse/distribution centers.

Patrick C. O'Connor has been president of O'Connor & Associates since 1983 and is a recipient of the prestigious MAI designation from the Appraisal Institute. He is also a registered senior property tax consultant in the state of Texas and has written numerous articles in state and national publications on reducing property taxes. He continues to set the standard in direction and quality of our appraisal products, adding services ranging from business valuations and business appraisals to cost segregation analysis for income tax reduction.

Patrick C. O'Connor
http://www.poconnor.com/

Article source: Expert Articles

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