NQDCs – Funding and Forfeiture

 In our article on March 20th, we discussed Non-Qualified Deferred Compensation (NQDC) plans as a tool to compensate key employees for achieving long-term goals. One component of such plans is the fact that they are frequently unfunded and legally considered an unsecured promise to pay. Nonetheless, both plan sponsors and recipients often want a funding mechanism to set aside assets, manage cash flow, or hedge the liability. In addition, employers typically want conditions under which they can rescind the plan for cause, including failure to achieve the objectives the plan was designed to incentivize. Funding Mechanisms For cash-based plans, there are four common ways to ... Read more

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Business Ownership Isn’t What It Used to Be

If you’ve been a business owner for a long time, you’ve lived this shift firsthand. Many Baby Boomer owners started out alone—just an idea, a customer, and a willingness to take a risk. Hiring that first employee was a milestone. Now, years later, some of those same businesses employ dozens or even hundreds of people. And every one of those people comes with rights, protections, and obligations that ultimately land on you. As a business grows, so does the owner’s exposure—to legal risk, regulatory risk, financial risk, and reputational risk. Ownership doesn’t just mean opportunity anymore; it means responsibility layered on responsibility. Why Fewer People ... Read more

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NQDCs – “Let Me Count the Ways”

 Non-Qualified Deferred Compensation (NQDC) plans are a powerful tool for incentivizing and retaining key employees. They offer virtually unlimited flexibility in methodologies, objectives and rewards to suit a company’s strategies and goals. What is “unqualified?” Quite simply, NQDCs are discriminatory. Some owners shy away from that term, but discrimination isn’t automatically illegal. Illegal discrimination in the workplace is when an employer or manager treats an employee unfairly due to their race, color, religion, sex, national origin, age (40 or older), disability, or genetic information.  Non-qualified plans discriminate because they aren’t offered to everyone. The Employee Retirement Income Security Act (ERISA) sets standards for employee benefits. Retirement ... Read more

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Manufacturer Stuck in the “Neutral Zone”

 Here is how exit planning helped a business owner out of the Neutral Zone. This manufacturer reached out to an exit planning consultant after receiving a book on planning as a gift from a local professional. He was in no particular hurry to leave his business. In the preceding twenty years of ownership, he had grown it from a local vendor to home builders into a nationally known specialty house. The company provided him with a good living, generating roughly $700,000 a year in free cash flow for each of the previous five years. He wanted to continue for at least a few more years ... Read more

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How Much does the Big Picture Count?

 It is currently difficult to have a business conversation without discussing the Big Picture. The voracious 24-hour news cycle needs plenty of fodder to attract eyeballs. It almost seems like the media must pick and choose what will create the most concern. “Seventeen dead in drone attacks? Let’s put that sixth on the schedule.” Big Picture Issues Wars in Ukraine, Israel, and Sudan. Attacks on shipping. Russian hacker ransomware. The battle between the U.S. executive and judicial branches. Tariffs, sanctions, inflation, interest rates, boycotts. Will the price of raw materials go up? How much will transportation cost next week? Should I load up on inventory—or ... Read more

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Exiting Your Business Happily, Often Requires a Strong Personal Vision

Some surveys conducted among business owners, find that approximately 75% of owners who exit their business are unhappy with the decision one year after they do so. There are several reasons for this, and some owners struggle with it more than others, but the main reason for the unhappiness after a business exit is because of their lack of “personal vision.” What will their life entail after the exit? What will be their new higher purpose (beyond playing golf)? What will be their new areas for personal growth? If they thrive on working with a team towards a common cause in the organization, how will ... Read more

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Creating the Perfect Business Exit Timeline!

When is a good time to start planning the eventual exit from your business? Simply, you will be leaving your business and hopefully, this will happen in a planned and deliberate fashion. This is something every business owner will address. Unfortunately, things do not always happen in a planned fashion. Those of you in the remodeling industry deal with project-driven plan and schedule changes on a weekly basis. This is nothing new to you! If we follow the advice from the book The 7 Habits of Highly Effective People by Stephen Covey, we want to implement Habit 2: Begin with the End in Mind! We ... Read more

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Quality of Earnings and Technology Costs

 When a Quality of Earnings audit identifies deferred technology, the price can be magnified many times. Are you deferring technology costs? A few months ago, a subscriber to our planning tools called with a tech support question. “Your software doesn’t work,” he said. After some investigation, we identified the problem. He was using a version of the underlying engine, (a part of Microsoft Office) that was four or five generations past end-of-life. When asked about his willingness to upgrade he said, “I don’t want to be forced into getting a subscription.” (As a side note, no software developers try to develop for compatibility with end-of-life ... Read more

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The Inexperienced Advisor – An Exit Planning Horror Story for Business Owners

 This is a cautionary tale for business owners—one that’s “based on a true story.” The facts are real, although the exact sequence of events might raise questions if the IRS were to take a closer look. A small business owner received a $1,000,000 offer to sell his company. He had already been thinking about retirement, and the chance to cash out felt like a perfect opportunity. His original plan had been to sell the business to a long-time employee through a promissory note, but that changed when the cash offer came along. The business’s profits had always been modest, and the employee couldn’t match the ... Read more

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Creating the Plan to Eventually Depart Your Business

  Creating and Editing Your Plan I am now 66 years old. It seems like a strange statement to write here. Where did that time go? I have a grown son and my spouse and I are now empty nesters. It is just us now, but we do get to enjoy some delightful visits from my son when he can get away from his own business to join us. Does that sound familiar to you? We will all be addressing a similar outcome as we age into our later years. This will also affect our busines lives. All business owners will exit their businesses, either ... Read more

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