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For a business owner considering the sale of their business, there are two competing goals: maximizing the proceeds from the sale and minimizing the transfer taxes that will be due on the owner’s enhanced estate. With additional insights, Warner Partner Beth O’Laughlin discusses possible ways to accomplish both of these goals through gift and estate tax strategies employed before the owner signs a letter of intent to sell the business.

Selling a business is a calculated, and often very personal, decision many owners make. Some consider selling due to the lack of a solid succession plan, an unclear path to continued success or a desire to spend time elsewhere. Regardless of why, the ultimate consideration is often around timing and potential valuation. You could be asking yourself, “Is now the right time? ”The pandemic and resulting economic turbulence of the past few years may make you hesitant for a business sale and exit, but there are viable reasons to consider it at the present time.

Leaders of founder-owned businesses likely know that the buyer universe essentially breaks down into two main categories—strategic buyers, who focus on synergies and operational integration, and financial sponsors, who emphasize cash flow generation and growth potential in the underlying market. For any founder-owner looking for an optimal outcome in a liquidity event, it’s a good idea to know your audience and its motives.

Many liquidity events involving founder-owned companies face the same underlying challenge: The business owner and outside investors often have diverging perspectives on everything from debt to reliance on third-party advisors to how they think about the future. Bridging this divergence is crucial in finding the right partner and maximizing the value of the sale or investment. Based on extensive experience working with founder-owned companies, we’ve outlined what drives the differences.

No matter what stage of the business cycle you are in, you should always have a defined strategy for your business operations and potential exit. For many family business owners, the sale of their business will be the single largest transaction of their lives. Yet many enter this transaction not fully prepared. To ensure you maximize your sale, there are eight key items to consider before commencing a business sale, beginning with understanding what your business is actually worth in the marketplace and knowing the difference between the business value and the enterprise value.

The decision to sell or continue ownership of a family business is complex. Business owning families who recognize early the importance of both the financial and non-financial considerations of a potential sale are more likely to make good transition decisions.

While many business owners are struggling to find qualified successors, family members oftentimes oppose proposed sales to outsiders because they think they should have the chance to take over the business. Research from Rothstein Kass suggests that advance planning can minimize family squabbles and ensure smoother business transitions.