Wealthyist E32: What OB3 Means For Exit Planning
In this episode of "Wealthyist", hosted by Anthony Malachnik, Senior Wealth Manager, and Brian Jacobsen, Chief Economist at Annex Wealth Management, the discussion focuses on the implications of the "One Big Beautiful Bill" (OBBB), signed into law on July 4, for business owners planning their exit strategies. Key points include:
- Importance of Exit Planning: Business owners are often deeply involved in daily operations, which can delay exit planning. The hosts emphasize the need for a proactive approach, supported by a team of advisors to navigate complex decisions.
- Impact of the OBBB: The bill provides clarity on tax provisions, particularly by extending the Tax Cuts and Jobs Act of 2017, which was set to sunset in 2025. This allows business owners to shift from a reactive "use it or lose it" mindset to a proactive strategy.
- Estate Planning Opportunities: The OBBB increases the estate tax exemption to approximately $15 million per person (indexed for inflation), enabling strategic moves like transferring business interests into trusts or family limited partnerships early to benefit from valuation discounts and growth outside the estate.
- Business Structure and Taxation: The bill affects how businesses are taxed and sold. For C corporations, qualified small business stock (QSBS) provisions allow significant capital gains exclusions if shares meet specific criteria. However, buyers may prefer asset purchases for immediate depreciation benefits (100% bonus depreciation or Section 179 deductions), influencing whether a business should be structured as a C corporation or a pass-through entity (e.g., LLC or S corporation) to optimize for different buyers (e.g., family, management, or private equity).
- Proactive Strategy and Flexibility: The hosts stress that early planning with professional guidance can maximize value and align with the owner’s goals. Even if initial structures are suboptimal, course corrections are possible with the right team.
- Call to Action: The episode encourages business owners to consult with wealth management professionals to explore options, using a personal anecdote about a friend seeking advice to illustrate the value of collaborative planning.
The discussion underscores the importance of strategic, proactive exit planning with professional support to leverage the opportunities provided by the OBBB.
