
TRANSFERRING A COMPANY FREE OF CHARGE
Generally speaking, transferring a company free of charge to one’s family makes it possible to organize a family transfer of a company for a lower amount of tax than in the case of a transfer for valuable consideration. The earlier the gift is made, the more attractive it is from a tax point of view.
When it comes to transferring a company free of charge, there are a number of possibilities between which the manager will have to choose. Indeed, the transfer of a company free of charge is not tax-free and various taxes have to be paid, but the tax pressure is more or less important depending on the situation and the country. Each case must be considered on its own merits. In any case, it is advisable to take action in good time.
lf donations are subject to a “general” tax system that applies regardless of the type of donation, but each also benefits from special provisions.
Taxes are due, these are transfer taxes which are reduced according to the age of the donor. In addition, there may be allowances that reduce the tax base in the event of a collective and individual commitment to retain the shares.
An exemption from capital gains tax is possible when the transfer of the family business (or its assets) does not exceed a certain amount.
TRANSFER OF A FAMILY BUSINESS FOR VALUABLE CONSIDERATION
Valuation: The valuation of the company during the transfer phase is difficult to achieve by the manager himself, who will always tend to see only the qualities and strengths of his company. An external agent is often best placed to offer an objective assessment of the company’s current situation and its prospects.
Legal and financial arrangements: Many more or less complex arrangements are possible in a family business transfer. In the context of a family succession, certain arrangements are particularly advantageous, such as the OBO (see the section on the website) and the creation of a holding company. The choice of arrangement should be made in consultation with specialists in this type of operation, such as chartered accountants, lawyers, consultants, etc.
Tax optimization: If you wish to sell a company for a consideration, the seller must pay particular attention to the tax consequences. It is strongly advised to call on a professional in order to optimize the tax treatment of the transfer of the SME and benefit from an advantageous regime.
It is most often advantageous for the seller and the buyer to make the best use of the two methods of transfer by skillfully combining donation and sale, thus enabling them to benefit from the tax advantages linked to each method of transferring a company.
Actoria Conseil has extensive experience in all the financial, legal and technical areas of business succession and offers a range of services that are tailored to the requirements of family successions. The experts of Actoria Conseil accompany the family transferring the business in all the stages of the family business transfer, from the preparation to the post-succession support.
The group in short :
Every year More than 30 successfull transactions with 20 Senior Consultants and Partners On companies with 5 to 100 employees With a turnover of 1 to 100 Million
We are located in many countries in Europe and Africa to provide access to foreign buyers/investors:
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Actoria has swiftly identified the inefficiencies in our company’s processes, proposed optimizations, and implemented them effectively. Furthermore, Actoria has provided outstanding support throughout all stages of our company’s transfer to a group within our industry. This includes preparing our company, identifying potential buyer partners, and negotiating up to the point of the partner’s capital entry. Actoria delivered expert negotiation skills and secured a valuable partner for us.
We were quite anxious to find a solution, as my health was deteriorating rapidly. Actoria’s consultant played a crucial role in the successful completion of my company’s sale. Their involvement was essential in executing this delicate project, as it impacted our daily operations. This project, which was close to my heart and increasingly necessary, was made possible thanks to the decisive momentum provided by Actoria.
First, Actoria conducted a thorough assessment of our company’s strengths and weaknesses, and then suggested incorporating these insights into our management approach to enhance our company’s value. Actoria led this project alongside my entire management team, enabling the involvement of all key personnel, and swiftly implementing a solution that allowed an investor to enter our capital. This was complemented by the inclusion of some of my company’s executives and a bank.
I couldn’t be happier with the result, but I am especially pleased with my decision to work with Actoria. The success of this mission was the direct result of Actoria’s hard work and sophisticated professionalism on my business. From our first meeting through the reasonable preparation process, all phases of the transfer, legal and financial operations were managed by the Actoria team. Their skills were even more evident when the complexities of this transaction were at its peak.
Hiring Actoria made the difference to achieve my original goal and move on to my next professional challenge. Selling a company like AMR in this market has not been an easy task. Actoria has demonstrated perseverance in identifying good buyers with knowledge of my industry in order to continue the development of my business, and has provided professional advice throughout the process.
The company’s sales process was a lengthy and challenging journey. The professional support from Actoria made this endeavor much more manageable. I would like to extend special thanks to the consultants from Switzerland and France for their highly effective collaboration. Your consultants proposed creative solutions during the negotiations, which effectively overcame significant obstacles in order to finalize the agreement. Their experience, knowledge, and professionalism played a crucial role in the success of this transaction.
The group in short :
Every year More than 30 successfull transactions with 20 Senior Consultants and Partners On companies with 5 to 100 employees With a turnover of 1 to 100 Million
We are located in many countries in Europe and Africa to provide access to foreign buyers/investors:
The question of selling a business in Europe arises sooner or later. How to find the right buyer in Europe ? How to successfully transfer my business in Europe ? When you want to hand the hand-over to a successor, buyer, buyer or investor, the terms used are various: delivery company Europe, sale company, sale company Europe, sale small business in Europe. Whatever the terms used for the sale of your company in Europe, you can put your company on a list of companies for sale in Europe, a business exchange, or seek advice from a fusacq, a specialist in business transfer in Europe. With him you can think about the best buyer: family, employee, investment fund, external buyer. Sometimes it can offer you other solutions such as a getting closer to a company, a merging or establishing an alliance with another European company.
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