Inheritance planning and family businesses
We plan the succession and / or generational transfer for family businesses and people with high assets.
In this type of advice that involves the generational transfer of assets, certain aspects that go beyond an operation selling or transferring social rights of a company must be considered. This is the right moment to carry out an analysis of the family and corporate structure, vision and philosophy of the pater family and its successors, which allows to maintain the family unit and the patrimony in time, avoiding the detachment of the assets product of an excessive taxation associated with the natural transfer of family assets to the next generation. For this reason, it is important to have the legal safeguards that ensure an orderly succession (an agreement or family protocol).
In this way, an adequate strategy of legal organization is designed, which allows the unity between the family and the business structure of the businesses and, as a consequence, seeks to optimize the tax burden in each of the legal instruments that are owed. carry out (acts and contracts, testaments, shareholder agreements, etc.), and their economic effects of each type of tax that may affect them. (Income tax, inheritance and donation taxes, stamps and stamps taxes, etc.).
Among some tax issues to be dealt with, we can point out:
Taxation of the greater value in the alienation of social rights, the study of the generation of cash flows necessary for the family transfer, with an adequate justification of investments and origin of funds for the new members.
Study of the assets, rights and testaments of parents for the projection of inheritance and donation taxes.
Studies of business restructuring alternatives for adequate protection of family assets, the transfer of ownership, control and administration of the family business, family protocols (shareholder agreements, family governance bodies, etc.)
