Tuesday, August 16, 2011

Pharmacy Transactions and Capital Gains Tax in Idaho

By Brad MacLiver
Authorship and profile at Google


Almost everything you own and use for personal, or business, purposes is a capital asset. When Idaho (ID) pharmacy owners sell a capital asset, the difference between the amounts you sell it for and the amount you paid for it (the basis), is a capital gain, or a capital loss.

Capital gains may also refer to "investment income" that arises in relation to real assets, such as property, financial assets, and intangible assets such as goodwill. In the U.S., all capital gains must be reported and the appropriate tax paid.

When selling a pharmacy or a drug store, there are specific tax strategies that can be used to help offset the tax liabilities. Unless a professional is handling a large number of pharmacy acquisitions, they usually do not know these federal regulations that allow for reducing the tax liability for the pharmacy owner.

During this period of history where it is more difficult to finance a business, pharmacy sellers in Idaho may already be required to lower their asking price, so a pharmacy buyer can qualify for the financing required. On top of the lower offers they will be required to pay higher percentages in taxes.

This is a dilemma for the pharmacy seller who wants as much money out of the deal as possible. For most pharmacy owners their business is the largest asset they will ever own and selling the business at a certain dollar amount has been part of their retirement and estate planning. Knowing they will need to cut out a larger chunk of the proceeds to give to the government will cause some pharmacy owners to reconsider their retirement plans. The good news is there are financial tools and strategies that allow the Idaho pharmacy owner to proceed with their plans.

Family Foundations are tax exempt/nonprofit organizations, which provide tax advantages and control over philanthropic activities. Family foundations are typically private foundations that are funded by a small number of sources, and do not conduct widespread fund-raising activities. They may receive gifts from friends and limited sources. Family members serve as trustees, directors, and officers. As private foundations they can make grants, or donations to other organizations. Having a Family Foundation provides a number of benefits including, income tax deductions, exemptions from estate and gift taxes, along with the reduction or elimination of other taxes.

One of many strategies currently available to assist capital gains tax burdens is the Charitable Remainder Trust (CRT). CRT's are legally defined as Split Interest Trusts.  That term is applied because of the blend of both philanthropic motivations and personal financial aspects. CRT’s can reduce tax liability, increase the wealth of a business owner, and provide a vessel for charitable giving at the same time.

CRT’s are created when someone donates assets into this special type of Trust. These assets can be cash, stocks, real estate, etc.  The CRT is then established up for a either pre-established of time or until the donor’s (ID pharmacy owners) death.  Individuals (pharmacy owner or family member) can receive income from the assets in the Trust.  Upon death of the donor, the assets will go to a designated charity and part of the income from the Trust can be spent to purchase life insurance for the donor. The proceeds from the life insurance then go to designated heirs who receive the money without incurring any estate tax liability.

Many tax strategies, including the use of CRTs, are not common knowledge, so it's recommended that pharmacy business owners in Idaho be aware of the different tools available when structuring a business transaction. They should also keep in mind that only professionals with vast experience in CRTs should be used to setup a Charitable Remainder Trust. Not following the stringent IRS guidelines could result in penalties, increased taxes, and criminal charges in some cases.

Over the years there have been unscrupulous individuals who have tried using CRTs and similar financial tools in illegal scams. With the increase in capital gains taxes there are expectations more scams will be floating around out there. Be knowledgeable about the possibilities, but be confident you are working with experts in your industry.

You should consult a firm with extensive experience in pharmacy and drug store acquisitions. Firms that have the knowledge and expertise to structure the transaction appropriately, for tax considerations, can save a pharmacy owner large sums of money when a Idaho pharmacy is sold.

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