What must a credible business valuation report state?
The standard of value, the premise of value, the effective date, the exact interest being valued, and every key assumption and information source. Professional standards from USPAP, the AICPA, ASA, and NACVA all require these elements, and their absence is the fastest way for a report to fail scrutiny.
Why can a strategic buyer's offer exceed a Massachusetts company's fair market value?
No. Fair market value assumes a hypothetical willing buyer and seller with no compulsion, while investment value reflects what a particular buyer would pay including synergies. Conflating the two is a frequent owner error, and the right basis depends on why the valuation is being prepared.
Does the Massachusetts estate tax reach closely held businesses?
Yes. Business interests are part of the gross estate, and Massachusetts imposes its estate tax once the gross estate exceeds $2 million, well below the federal threshold. Many owners whose estates would owe nothing federally still need a defensible business valuation for the Massachusetts filing.
How do Massachusetts courts treat a business in divorce?
Under equitable distribution: the business interest is valued and divided fairly based on statutory factors, not split mechanically in half. Courts frequently value marital assets at current fair market value near the time of trial, so the valuation date should be chosen with counsel and stated in the report.