Guide · Business

Business Succession Planning: A Comprehensive Guide to Buy-Sell Agreements, Valuation, Funding, and Transfer Tax

26 U.S.C. § 1361

Type
Guide
Jurisdiction
National
Date
2025-11-25
Topic
Business

This guide designs, drafts, funds, and maintains a business succession plan for a closely held company. It begins with the diagnostic that identifies what the owners actually want, then works through entity-specific constraints that shape every later choice. It compares redemption, cross-purchase, and hybrid structures against the estate tax treatment of redemption obligations and insurance proceeds. It sets out the four valuation methods with the drafting decisions each requires, catalogs the triggering events that belong in every agreement, and works through funding in detail including the transfer-for-value hazard. Separate sections address estate tax liquidity relief, lifetime transfer techniques and the inclusion rules that defeat them, securities compliance, employee ownership and third-party sale, and the annual maintenance discipline without which every other section is wasted.

Business Succession Planning: A Comprehensive Guide to Buy-Sell Agreements, Valuation, Funding, and Transfer Tax

Business > Business Succession and Buy-Sell Agreements | Published 25 November 2025 - Updated 26 December 2025 | UpLaw - uplaw.us

How to use this guide

Sections 1 through 3 establish the facts and constraints. Sections 4 through 8 design and draft the agreement. Sections 9 through 12 handle tax and transfer planning. Sections 13 through 16 address alternatives, compliance, and the maintenance that keeps the plan alive.

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