Practical tips from the NYSSCPA BV conference

BVWireIssue #141-1
June 4, 2014

Conference season is in full swing, and BVWire is out collecting the latest news, advice, and developments from top BV practitioners and thought leaders. Here are a few takeaways from the recent NYSSCPA Business Valuation Conference in New York City.

Rewrite your valuation report if you’re headed for court, advises Michael Gregory (Michael Gregory Consulting LLC). Gregory is a former IRS business valuation and engineering territory manager and co-developer of the IRS DLOM Job Aid. By rewriting your report, you can take into account research you do on the judge’s prior rulings and any changes in case law.

Consider size when valuing domains, says Jaime d’Almeida (Duff & Phelps). Shorter Internet domain names are more valuable than longer ones. Last year, 92% of the biggest domain name sales were for names with fewer than 10 characters. He also points out that most domain names are valued at $5,000 to $6,000, but, of course, there are big exceptions (e.g., the recent sale at $3.1 million).

Examine shareholder loans in divorce, advises Christine Baker (Harrison, Meyers, & Pia). The big issue: Is the amount a bona fide debt obligation, or should it be classified as equity? A loan should have a definite period of time and a defined rate of return. But Baker says she rarely sees these terms with amounts transferred from owners, which means they could be considered equity. Key point: If the amount is a real debt, then it’s a marital asset.

Look for more LLC valuation work, at least in New York. The Empire State has no statutory provision that allows LLC members to exit the company without petitioning for a full dissolution, which isn’t easy. But New York courts have created a simpler escape hatch known as an “equitable buyout,” reports attorney Fred Weinstein (Kurzman, Eisenberg, Corbin & Lever). The court can order a fair value buyout of a member for many reasons—even if the members simply don’t get along.

More from the NYSSCPA conference in next week’s BVWire . . .

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