Do I need a gift tax or an estate tax valuation for my estate plan?
It depends on when the interest transfers: transfers during life are gifts valued as of the gift date and reported on Form 709, while interests you still hold at death are valued as of the date of death and reported on Form 706. Most estate plans eventually involve both, which is why the same company is often appraised several times over the life of a plan, once for each transfer.
Does moving a business interest into a trust require an appraisal?
Yes, when the transfer is a completed gift, as it is with most irrevocable trusts: the interest must be valued as of the funding date and reported on Form 709 with a qualified appraisal. Transfers to a revocable living trust are not gifts and trigger no filing, though many owners document the value anyway to support later planning decisions.
Can an existing business valuation be reused for a new transfer?
Generally no. Fair market value is date-specific, so each gift or trust funding needs a value as of its own transfer date. An appraisal prepared for last year's gift, a loan application, or a shareholder buyout does not substantiate this year's transfer, and multi-year gifting programs are typically supported by an updated valuation for each round of transfers.
Does a buy-sell agreement fix the value of a business for estate planning?
Not by itself. Under IRC Section 2703, a buy-sell price controls estate tax value only if the agreement is a bona fide business arrangement, is not a device to transfer wealth to family members for less than full value, and is comparable to arm's length terms. The Supreme Court's 2024 decision in Connelly v. United States, which held that corporate-owned life insurance proceeds increased a company's value despite the redemption obligation attached to them, shows how costly an unexamined buy-sell assumption can be.
Is a Roth IRA conversion part of estate planning?
Yes. Converting a traditional IRA to a Roth pays the income tax now, out of the owner's estate, so heirs inherit an account whose qualified distributions are generally tax-free instead of an income tax bill spread over the ten-year payout most non-spouse beneficiaries face. A Roth IRA also has no required minimum distributions during the owner's lifetime, so it can keep growing untouched. When the IRA holds a private business interest, the conversion needs a fair market value appraisal as of the conversion date, because that value is the taxable amount reported on Form 8606, and the same discounts for lack of control and marketability that apply to a gift apply here.