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InheritingaBusinessOpportunity
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Inheritinga Business Opportunity
Liberty University
ACCT511
Abstract
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This paper will thoroughly examine the elements ofAlex’s, Bill’s, Carl’s, and Devon’s
inheritance of an operating organic farm from their father.In doing so, a conclusion will be
drawn in regard to what form of business organization would be the best fit.The children’s
wishes to minimize their taxes, avoid personally liability, keep the farm in the family, and not
havetoworryaboutday-to-dayoperationswillbeconsidered.Theirideaandhopeofexpanding will also
be taken into consideration.The best position to have Xavier, their cousin who will be
operatingand managing thefarm,inwillalsobe determined.Since all fiveindividuals involved are
Christians and want to operate and organize the entity based on their faith, a Christian
worldview will be incorporated into the decision of the type of business entity to form.The
reasoning for the final and optimal decision made will then be explained.
TheOpportunityatHand
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Alex,Bill,Carl,andDevonarebeinggivenagreatopportunitybyinheritingthefamily’s
organicfarmfromtheirfather.Duetotheheavyconcernsaboutourenvironmenttoday,organic farming
is growing in popularity.Not only are organic farms better for the environment, they also have
the potential to be more lucrative than conventional farms when operated adequately and
effectively.It has been proven that when taking the appropriate business measures, an organic
farming business can be “22 to 35 percent more profitable” (Harvey, 2015, para. 4).
Therefore, it is critical, as a first step, to determine the business formation and model that best
alignswiththeirvisionforthebusinessandwhattheywanttoaccomplishinthefuture.Thefour children
have multiple wishes pertaining to the type of business entity they hope to create:
•
Avoidingpersonalliability
•
Minimizingtheirtaxesonthe entity
•
Leavingtheday-to-dayoperationstoXavier
•
Keepingtheirfarmingbusinessinthefamily
•
Expandingtoincorporateavineyard
•
BuildingthebusinessontheirChristianvaluesandbeliefs
Creating a business that incorporates their faith and loyalty to God will be an immensely
beneficialfactor,and,therefore,willbeamainfocusofallbusiness-relateddecisions.AsRivera states,
“if you are connected with God, the Holy Spirit that lives inside of you will direct and guide you
to focus and see success and prosperity with purpose” (2019, sec. 2).So, the goal is to fulfill all
wishes listed by the new owners of thefarm whilekeeping their religion and faith as the
foundation of the business.
LimitedLiability
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Inordertoavoidpersonalliabilitywhenitcomestoowningandoperatingthefarmasa
businessentity,thebestoptionistomaketheentityaLimitedLiabilityCompany(LLC).Such entities are
considered as legal persons in the world of law and business, and, therefore, limit a
shareholder’s liability to only what they have invested in the company.This will protect the
personal assets of each shareholder of the organic farming business in question, which fulfills
their desire to avoid personal liability.
Althoughthiswouldachieveoneofthegoalsofthefournewowners,manypeopleview LLCs as
unethical companies.It can be alleged by some that forming an LLC is just a way for
ownerstoavoidtheirresponsibilitieswhenitcomestotakingbusinessrisks.Insomeinstances,
Idoagreewiththisviewpoint.However,IwouldstillrecommendthattheyformanLLCifthat is what
the children who have inherited this farm truly want.It is incredibly obvious that these
individuals are strong in their faith and will truly strive to operate their business with their
Christianity as the foundation.Therefore, they are able to form an LLC with no intent to take
advantage of its benefits with malicious intent.
TaxMinimization
One disadvantage facing owners of an LLC is that “all taxable income, which passes
through to the owners, is treated as earned income and is subject to employment taxes”
(IntroductiontoTax,2018,para.12).Inordertoavoidthisdoubletaxation,theLLCcanmakea
Subchapter S Election after 75 days from the forming of the business.Doing so also offers two
more benefits to the shareholders.Firstly,Alex, Bill, Carl, and Devon will be able to “deduct
corporatelossesfromtheirpersonalincome,ultimatelyloweringhowmuch[they]havetopayin taxes”
(McGraw-Hill, 2019, pp. 465).Secondly, the S Corporation formed may not have to pay as much
in taxes based on the shareholders’incomes.
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Similartolimitedliability,minimizingtaxburdensinsuchastrategicwaymayalsocome across
as immoral to some.Paying taxes is considered to be a social responsibility and the situation at
hand may bring some to ask if the owners are just trying to avoid their responsibilities.In this
particular case, I certainly do not believe that any one of these individuals have goals to evade
their responsibilities, whatever they may be.As mentioned
previously,IbelievethattheseshareholderswouldworkhardtoremainfaithfultoGodandmake
decisions that are ethically sound.So, I would recommend electing to become an S Corporation if
that is what the shareholders genuinely wish.
DefiningandAssigningRoles
Considering that all five individuals involved are aiming to keep Xavier as the main
operator and manager of the daily operations of the farm, the best scenario is to have Xavier
elected as an inside director by the four children who will assume roles as shareholders.This
assignment of roles properly align with the request of the new owners of the farm.
“Shareholdersarenotdirectlyresponsibleforthedailymanagementofthecorporation,butthey elect
the directors who are responsible for that management” (McGraw-Hill, 2019, pp. 474).
As an inside director, Xavier will perform as both a director and an officer of the
company.Thiswillgivehimtheabilitytomakeimportantdecisionsandassignhimthedutyof managing
the business’daily activities.He will have a duty to the shareholders to operate and manage the
farm in ways that are beneficial to them and the overall business.Due to his Christian faith, he
also has a duty to God to act honorably and manage the business with pride and integrity.
RemainingaFamily Business
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Therearemanycriticalelementsthatcomeintoplaywhenstrivingtokeepabusinessin the
family.These include creating an influential culture, focusing on future generations, and infusing
core family values into the business.All have been proven to increase the chances of keeping a
family business within the original family.
Studies haveshown“thatfamily-ownedbusinessesscoresignificantlyhigheronthings like
worker motivation and leadership” (Luster &Abernathy, 2015, para. 5).This is due to having a
familiar, family-based organizational culture in place that resemble the values and beliefs of the
family owners.Since all involved are family members and the organizational culture is one that
is familiar and easy to work in, creating a unified workforce that truly cares
aboutthebusinessanditsmembersbecomeseasier.Also,havingabusinessthathasbecomea sort of
legacy within the family can be an incredibly motivating factor for current members of the
business and future generations.
Focusing on the long-term goals of any organization is beneficial, but this proves to be
immensely true in regard to family-owned organizations.“According to the Family Business
Center, successful family business leaders focus on the next generation, not the next quarter.
They tend to embrace strategies that put customers and employees first and emphasize social
responsibility.” (Luster &Abernathy, 2015, para. 4).I have always believed that happy
employeesmakehappycustomersandhappycustomersmakeasuccessfulbusiness,soIamnot
surprised that this was proven to be true.It would be critical for all four owners of the family
farm to focus on future generations as well as their own in order to keep the business going
strong for the many years to come.
Infusingthevaluesandbeliefsofthefamilyintotheorganizationanditsoperationshelps
strengthen the organizational culture briefly discussed before.It creates a familiar-feeling
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environmentinwhichemployeesfinditeasiertoremainloyaltotheorganizationitselfandactin ways
that will be beneficial to the organization as a whole and its shareholders.Having family core
values and faith be the basis of all policies and procedures that employees work with everyday
also creates greater work ethic and motivation.Instilling strong and reputable values so that they
remain intact within the organization and creating a legacy to be proud of are key
factorstohavingfamilymembersmotivatedtokeepworkinghardtohavethebusinessremainin the
family for future generations.
Expansion
Xavier, their cousin who will be over day-to-day operations, has proposed the idea of
expandingthefarmsactivitiestoincorporateavineyard.Thiswillrequirethebusinesstoborrow an
additional $500,000 andAlex, Bill, Carl, and Devon will need to sign personal guarantees.
This proposal or decision made by Xavier is a great example of why he should be elected as an
inside director.He is directly involved in the current activities of the business, so his ideas and
decisions are likely to be more sound and, therefore, successful.It would be beneficial for all
fourshareholderstogenuinelyhearhimoutoncertainissuesandtakehisthoughtsandideasinto
consideration.
This situation does propose an issue when it comes to their request to avoid personal
liability, however.Taking out a loan where they are required to sign a personal guarantee
increasestheir liability.However,becauseXavierissoheavilyinvolvedin alloperationsofthe
business,Ithinktheywouldbesmarttolistentohim.Itwouldbeuptothemandtheamountof trust they
have in Xavier to decide whether or not they want to sign in order to receive the loan for
expansion.
ChristianWorldview
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Having faith as the foundation of any organization and its activities is an element that
greatly contributes to all aspects of the success of a business, not just in financial terms.It creates
a strong sense of unity amongst members of the organization and promotes ethically sound
behavior and decision-making.Such results not only yield success, but also serve God and fulfill
His hopes for humanity.I applaudAlex, Bill, Carl, and Devon for striving to do so. As 1
Corinthians 12:14 states, “For the body is not one member, but many” (NIV).The body of Christ
is notsimply supported by oneperson, butby every oneof us.Therefore, wearestronger
andachievegreaterthingswhenwecometotogether.Ibelievethatifallmembersofthisfamily
workhardtokeepfaithattherootofallbusinessendeavorstheywillbesuccessfulintheeyesof God and in
the business world.
Conclusion
Considering the requirements brought forth byAlex, Bill, Carl, and Devon, the best
option for them would be to form an LLC, make an S Subchapter election 75 days after the
formation of the business, and take their positions as shareholders electing Xavier as an inside
director.I make this recommendation heavily weighing on their goal to incorporate their faith
intothebusinessoperationsanddecisions.Thisbusinessformationwilladequatelyfulfillthree
outofthesixrequestsmade:limitingliability,minimizingtaxes,andleavingdailymanagement to
Xavier.Expanding the business may be a risky endeavor due to the need to sign personal
guarantees.However,consideringXavier’sthoroughexperienceandknowledgeofthefarming
business and its operations, it may very well be a beneficial strategic decision to make for the
success of the business.In the end, the shareholders’decision to take the risk does largely
depend on how much trust they have invested in Xavier.
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AslongastheykeepGodintheirheartsandontheirminds,theywillachievetheirgoal of creating
a business that illuminates the efforts of incorporating their Christian values.
Building an organizational culture and legacy based off of such values will also assist in
enhancing motivation to keep the business in the family.Undertaking all of these things will
certainlyfulfillallofthegoalsandrequestsbroughtforthbyAlex,Bill,Carl,andDevon.Itmay even lead
to great success in the long-run.
References
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“1Corinthians”.NIVDiscoverer’sBible:NewInternationalVersion,TheZondervan Corporation,
2002.
Delaware,The.“LLCTaxBenefits&Deductions:10+TaxTipsToKnow.”IncNow,14Feb.
2018,www.incnow.com/tax-tips/.
Harvey,Chelsea.“OrganicFarmingIsn'tJustGreen-It'sVeryGoodBusiness.” TheWashington Post,
WP Company, 2 June 2015, www.washingtonpost.com/news/energy-
environment/wp/2015/06/02/organic-farming-isnt-just-environmentally-friendly-its-very-
good-business-for-farmers/?noredirect=on&utm_term=.607c9774072d.
LibertyUniversity.AdvancedBusinessLawforAccountants.McGraw-HillEducation,2019.
Luster,Brian,andStevenAbernathy.“FiveWaysToKeepAFamily-OwnedBusiness'InThe
Family' For Generations.” Forbes, 15 Dec. 2015,
www.forbes.com/sites/brianluster/2015/12/15/five-ways-to-keep-a-family-owned-
business-in-the-family-for-generations/#5fbcb9c76759.
Rivera, Santiago. “Doing Business God's Way: 4 Cornerstones and 3 Key Principles.” The
Mindful Word, 28 Mar. 2019, www.themindfulword.org/2014/business-gods-way-four-
cornerstones-three-key-principles/.
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