Where does the market data for valuing a private Virginia business come from?
From transaction databases and guideline company data rather than generalized price guides. Market approach work relies on databases of completed private-company sales and comparable public company evidence, screened for size, industry, and profitability, which is what separates a supported multiple from a number borrowed off a broker listing.
Is fair market value the same as what a strategic buyer would pay?
No, valuation standards recognize distinct bases of value, including fair market value, investment value, and intrinsic value, and assuming they are interchangeable is a frequent and costly owner error. A synergistic acquirer's price reflects investment value to that buyer, while tax and most court contexts require fair market value to a hypothetical buyer.
What valuation date applies to a business in a Virginia divorce?
The date of the evidentiary hearing on the evaluation issue, not the separation date. Virginia Code Section 20-107.3 directs the court to determine the value of marital property as of that date, and either party may move, no less than 21 days before the hearing, for a different valuation date for good cause shown. Because Virginia is an equitable distribution state, a current, well-documented valuation of the business interest is what the court divides from.
Does Virginia's probate tax reach a business located outside the state?
For a Virginia resident decedent, yes. The probate tax applies to all of a resident's intangible personal property, including stock, LLC, and partnership interests, regardless of where the underlying business operates. For a nonresident decedent the rule flips, and intangible interests are excluded entirely. The rate is modest, and the tax is waived when the estate totals $15,000 or less, but the date-of-death value of the business interest drives the calculation.