Articles From Brisbane Consulting Group

Download our 37 page FAQ document with questions and answers covering the CARES Act and COVID-19 FAQs, IRS FAQs on payroll tax deferral, FFCRA FAQs, and FAQs on independent contractor rules.

Limited liability companies (LLCs) sometimes offer a unique form of equity-based compensation known as “profits interests,”  but these awards don’t convey the full rights of ownership. It’s important to understand the specific terms of an award and how a unit’s terms and conditions affect the method of valuation.

When valuing a business, experts must put themselves in the shoes of hypothetical buyers and sellers and consider only what was “known or knowable” on the valuation date. In a recent U.S. District Court case, the estate filed a tax return based on the exchange price of bank stock before the company disclosed a devastating fraud scam.

The U.S. Tax Court recently ruled that a tax-free merger of two family-owned manufacturing businesses resulted in a taxable gift to the sons because the parents undervalued their company. On appeal, Cavallaro was remanded to the court to allow the taxpayers to prove that the tax deficiency was based on an “arbitrary and excessive” valuation performed by the IRS expert.

For businesses with business interruption insurance policies in place, now may seem like the ideal time to submit a claim. However, as it stands currently, there's much disagreement regarding whether business interruption insurance policies should cover loss of income triggered by the pandemic.

In mergers and acquisitions (M&As), it’s often said that the combined entity is more valuable than the sum of its parts. The reason is related to a concept known as “synergies,” which are benefits to a specific strategic buyer.

The treatment of business goodwill in divorce cases varies from state to state. Courts in more than half of the states, including Florida, make an important distinction between personal and enterprise goodwill.

Slides available from our April 10, 2020 presentation on the impact of the CARES Act for businesses and individuals.

Business owners and their legal advisors may be tempted to rely on multiples of earnings before interest, taxes, depreciation, and amortization (EBITDA) to estimate the value of a business.

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provides relief to taxpayers affected by the novel coronavirus (COVID-19). The CARES Act is the third round of federal government aid related to COVID-19.