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and the Joe Robbie family that owned
              the Miami Dolphins, have been forced
              to sell their assets because they didn’t
              have enough liquidity to pay their estate   “there is a higher thaN 90 perceNt probability
              taxes.                                that the iNterNal reVeNue serVice will audit
                 According to the Resnicks, there    a compaNy’s assets if they are beiNg passed
              are three ways to pay an estate tax. The     from oNe geNeratioN to the Next.”
              first is paying cash, which means the
              company and family have to keep a lot
              of assets in the bank rather than using                    —terry resNick
              them to build wealth. The second is a                          co-owNer
              forced sale of assets, which means the                    resNick associates
              owners won’t get fair market value.
                 The best way is paying for the estate
              tax through a life insurance policy. The
              Resnicks said business owners need to   ize there is a problem until they have   “There is a higher than 90 percent prob-
              appreciate that life insurance is usually   paid premiums for many years and   ability that the Internal Revenue Service
              their second largest asset apart from   have reached old age. The Resnicks are   will audit a company’s assets if they are
              the business and the assets themselves.   working to help a Florida couple change   being passed from one generation to the
              Unfortunately, many business owners   policies they created two years ago   next,” Terry Resnick said.
              don’t understand their policies, haven’t   worth $20 million for each of their four   The Resnicks said owners who want
              made sure they have the insurance they   children that currently are 100 percent   to pass on their businesses to the next
              need and haven’t created policies that   taxable.                     generation need to begin grooming
              can’t be taxed when the inheritances   The final item on the checklist is to   their successors years in advance. That
              are disbursed. Then they don’t real-  ensure a business is valued accurately.   can be difficult for someone who has
                                                                                    spent decades building a business from
                                                                                    nothing. However, it usually doesn’t
                                                                                    work well when heirs are simply handed
                                                                                    the business when the owner retires or,
                                                                                    worse, inherit it unprepared when the
                                                                                    owner dies suddenly.
                                                                                       “It’s also very important that if
                                                                                    you have that next generation work-
                                                                                    ing, that you start to acclimate them
                                                                                    and introduce them and build the rela-
                                                                                    tionships you have with your advisors,
                                                                                    your lending institutions,” Lee Resnick
                                                                                    said. “Because ultimately when the day
                                                                                    comes that they do take over, if they
                                                                                    don’t have those relationships, you’re
                                                                                    really putting them in an unfair situ-
                                                                                    ation because they’re not on the same
                                                                                    level as you were when you were run-
                                                                                    ning the company.”
                                                                                       Business owners should review
                                                                                    their plans periodically to make sure
                                                                                    they are up to date, especially when the
                                                                                    family structure changes. In fact, Terry
                                                                                    Resnick said having no plan is often
                                                                                    better than having a bad plan because
                                                                                    a bad plan can give a business owner a
                                                                                    false sense of security.




        36                                                                            aRkansas TRucking RePoRT | issue 3 2012
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