The COVID-19 Market Decline: Now May Be the Best Time to Gift

Click to Download:  THE COVID-19 MARKET DECLINE:

NOW MAY BE THE BEST TIME TO GIFT

It has certainly been a rough couple of weeks with the recent fall off in the stock market and the shutdown of many businesses, but there may be a silver lining for people who intend to gift in the near future.  The recent decline in market valuations provides an opportunity to gift at lower values, potentially allowing you to gift assets using your lifetime exemption that would have otherwise resulted in a taxable event before the decline.  Given the additional uncertainty surrounding the Presidential Election and what might happen to the estate and gift tax exemption level, now may be the best time to do some gifting.

The U.S. Stock Market Value Over the Last Five Years

From March 23, 2015 through February 19, 2020, the S&P 500 increased from 2104.42 to 3386.15, a 60.9% return excluding dividends.  Between February 19, 2020 and March 19, 2020, the market decreased by 28.85% to a value of 2409.39.  The market decline over the last month decreased the total return over the five-year period ending February 19, 2020 to just 14.5%.  The chart below shows the S&P 500’s value over the five-year period ending March 19, 2020.

The Covid-19 Market Decline: Now May Be The Best Time To Gift

Looking at the performance of the stock market this year, we see a decline of 25.4% year-to-date through March 19, 2020.  However, the year did not start that way.  From December 31, 2019 to February 19, 2020, the S&P 500 increased from 3230.78 to 3386.15, a gain of 4.81%.  The index then fell to 2409.39 as of March 19, 2020, a decline of 28.85%.  The chart below shows the S&P 500’s value year-to-date through March 19, 2020.

The Covid-19 Market Decline: Now May Be The Best Time To Gift

Enterprise Value to EBITDA (EV/EBITDA) Multiples Over the Last Five Years

From March 23, 2015 through February 20, 2020, the Enterprise Value (EV) to EBITDA multiple for the S&P 500 increased from 10.60x to 14.73x, an increase of 38.96%.  Between February 20, 2020 and March 19, 2020, the EV/EBITDA multiple decreased by 25.19% to a value of 11.02x (only 3.96% above the value five years earlier).  The following chart shows the S&P 500’s EV/EBITDA multiple over the five-year period ending March 19, 2020.

The Covid-19 Market Decline: Now May Be The Best Time To Gift

The EV/EBITDA multiple at the end of last year was 14.06x, which was in the 97th percentile of the EV/EBITDA multiple distribution over the last five years.  The recent value of 11.02x on March 19, 2020 is below the 25th percentile.  The chart below shows the distribution of the S&P 500’s EV/EBITDA multiple over the five years ending March 19, 2020.

The Covid-19 Market Decline: Now May Be The Best Time To Gift

Appendix A (download the paper to view Appendices) contains the major valuation multiples for the S&P 500 and its industry sectors as of December 31, 2019.  Additionally, it shows the rank of the industry sectors based on each valuation multiple.  Appendix B contains the same information as of March 19, 2020. 

Appendix C shows the percentage change in the valuation multiples from December 31, 2019 to March 19, 2020 as well as the rank of the industry sectors based on largest decline in each valuation multiple.  As one would expect, the Energy Sector had the largest decline in all multiples, except for price to earnings (P/E), where the Energy Sector actually had an increase.  The Financials Sector saw the next largest decline in valuation.  The Utilities and Consumer Staples Sectors saw the smallest declines in valuation, which is expected given they are both defensive industries.  That said, both industries still saw significant declines in valuation.

Conclusion

The significant recent declines in valuation multiples provides an opportunity to execute gifting at lower values that could have been done previously.  Given the additional uncertainty surrounding the Presidential Election and what will happen to the estate and gift tax exemption level following the election, it may very well be an opportune time to gift.

[1]  A 10.2% annualized return over the 4.9-year period.

[2]  A 2.7% annualized return over the 5.0-year period.

[3] While the S&P 500 reached a high on February 19, 2020, the EV/EBITDA multiple reached a high on February 20, 2020.

[4]  Earnings before interest, taxes, depreciation, and amortization or EBITDA is a measure of earnings (profitability) of a company and is frequently used as a proxy for operating cash flow.

[5]  The daily EV/EBITDA multiples were obtained from S&P CapitalIQ.  CapitalIQ aggregates the multiples of the index constituents, using a weighting based upon market cap or enterprise value.

For more information, contact:

The Covid-19 Market Decline: Now May Be The Best Time To Gift

Michael Conroy, CFA

DIRECTOR
mconroy@valuescopeinc.com

Mr. Conroy has more than 20 years of consulting and business valuation experience, concentrating on complex estate and gift valuation matters. He provides business valuation and financial consulting services to companies in a broad range of industries. Working with domestic and international clients, Mr. Conroy has performed thousands of business appraisals involving gift and estate tax, financial reporting, mergers, and acquisitions (valuations for buyers/sellers, fairness, and solvency opinions), litigation support, expert testimony, and other company requirements (including stock options and ESOPs). Mr. Conroy previously worked with the national valuation firm CBIZ Valuation Group, LLC here he was a senior manager. Prior to that, he taught chemistry and physics to high school and college students at Xavier College in Ba, Fiji, for two years as a U.S. Peace Corps volunteer.

The Covid-19 Market Decline: Now May Be The Best Time To Gift

Jason Wainwright, CFA, ABD

SENIOR MANAGER
jwainwright@valuescopeinc.com

Mr. Wainwright is a Senior Manager at ValueScope Inc., Inc. In this position, he has worked on and managed numerous business valuations and projects for firms spanning multiple industries, including energy, defense, consumer products, professional services, and healthcare. Mr. Wainwright is a CFA charterholder, has a BBA in Finance & Economics from Texas Wesleyan University, and a MS in Quantitative Finance from the University of Texas at Arlington. Additionally, Mr. Wainwright completed all of the course work and the written and oral comprehensive examinations toward a Ph.D. in Finance from the University of Texas at Arlington.

 

The information presented here is not nor should it be treated as investment, financial, or tax advice and is not intended to be used to make investment decisions.

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Estate and Gift Dynamics in the Era of the Big Exemption and Election Uncertainty

Estate and Gift Dynamics in the Era of the Big Exemption and Election Uncertainty

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) was a complicated piece of tax legislation that mostly decreased taxes for individuals and corporations.  However, the net effect on an individual (or corporation) is dependent upon the unique circumstances of that individual.

With respect to individual taxpayers, marginal rates were lowered somewhat from 39.6% to 37.0% at the top marginal tax rate, and the tax brackets were increased.  However, the 3.8% Medicare surtax that was part of Obamacare remains, and some other changes, like property and state tax limitations, hurt some taxpayers more than rate reductions helped.

C corporations benefited significantly from the TCJA, as corporate tax rates were lowered from 35.0% to 21.0%.  Additionally, the owners of certain pass through entities benefited from a provision that allows 20.0% of the owners’ income to be sheltered from income tax, effectively lowering the 37.0% marginal tax rate to 29.6% [1].

The biggest benefit might have come to high net worth families due to the estate and gift tax exemption (E&G) being increased from $5.49 million in 2017 to $11.18 million in 2018 and $11.40 million in 2019, or $22.8 million for a married couple.  The E&G tax exemption is indexed each year thereafter.  As a result of such a high exemption, the number of estate tax returns subject to estate tax has fallen from approximately 6,500 in 2017 to about 2,000 this year.  This exemption is set to lapse after 2025 back to the 2017 level of $5.49 million.

To put this in perspective, the following chart shows the historical E&G tax exemption and the top E&G tax rate since 1979.

Estate Gift Tax

Due to the unprecedented E&G exemption level, there are a number of planning opportunities available for high wealth families.  Of course, any E&G plan would depend on many factors, including but not limited to:

  • The value of the estate,
  • The structure of the estate and the assets held,
  • The age and expected life of the surviving spouse(s),
  • The investment returns and annual spending requirements, and
  • The attitude toward gifting to 2nd and 3rd generations.

An E&G plan should also incorporate one’s expectation of the outcome of the next Presidential and Congressional elections, as there is little doubt that a Democratic President and Congress would lead to a lowering of the E&G exemption and an increase in the marginal E&G tax rate.  

To add another complication to E&G planning, a win by some in the Democrat field may result in the addition of a “wealth tax.”  For example, Elizabeth Warren has suggested an annual wealth tax of 2% for wealth above $50 million and 3% for wealth above $1 billion.  Bernie Sanders is proposing a tax of up to 8% for wealth above $30 million. 

Some wealthy families and their advisors are analyzing the effects of the increased exemption and will get a substantial portion (up to $22.8 million) out of their estate this year (or slightly more next year as its indexed) before it’s too late.  This could save up to $9.12 million in taxes if the exemption disappears, or $8.69 million if the exemption is lowered to $3.5 million per spouse and the rate is changed to 55% for starters, as Warren proposes.  Taking action now would also save on the wealth tax for some individuals, should that ever happen.

To the extent there are assets to gift, whether they are interests in family limited partnerships (FLPs), LLCs, partnerships or closely held companies; or tangible assets like oil and gas interests, real estate, etc., valuation and justifiable discount opportunities exist to lower values and effectively freeze more of the estate through gifting.  Alternatively, there are some, albeit rarer, situations where a higher value may benefit the collective family by increasing the basis of the gift and thereby lowering the future capital gains paid upon sale.

The bottom line for ultra-high net worth individuals is that the estate tax exemption and rates will likely be unfavorable in the future.  The table below shows the tax savings in nominal dollars by gifting the maximum amount this year versus future years given various changes in the exemption and rate.

Estate And Gift Dynamics In The Era Of The Big Exemption And Election Uncertainty

While no one can predict the future of elections and taxes, there is a large risk to wealthy families that the E&G tax exemption will decrease.  It’s reasonable to assume that asymmetry is not on the side of the wealthy taxpayer.

[1] S Corps, LLCs, and partnerships.[/column_5]

For more information, contact:

Marty Hanan is the founder and President of ValueScope, Inc., a valuation and financial advisory firm that specializes in valuing assets and businesses and in helping business owners in business transactions and estate planning.  Mr. Hanan is a Chartered Financial Analyst and has a B.S. Electrical Engineering from the University of Illinois and an MBA from Loyola University of Chicago.

 

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Pitfalls of Using Life Settlement Transactions to Value Split-Dollar Loan Receivables

Using Life Settlement Transactions to Value Split-Dollar Loan Receivables

Large Estates

For large estates which often plan on using life insurance with large premiums to reduce the value of the estate, split-dollar life insurance offers an attractive method for funding the premiums with favorable gifting consequences.  However, the IRS has begun cracking down on the valuation of the split-dollar loan receivables transferred by the loan holders.  One of the primary issues has been the use of life settlement transactions to determine the value of the split-dollar loan receivables for gift or estate tax purposes.

Characteristics of Life Settlements

The characteristics of life settlements and split-dollar loan receivables are not similar; therefore, they are not comparable.  Using life settlement transactions as a basis for determining the discount rate to apply to split dollar loan receivables inflates the discount rate, which in turn undervalues the receivable.  Life settlements include more risk factors and greater underwriting, transaction, and oversight costs than split dollar loan receivables; therefore, life settlements require a higher rate of return/discount rate.  The figure below summarizes the risk characteristics of the Life Settlement industry:[1]

Using Life Settlement Transactions To Value Split-Dollar Loan Receivables

Life Expectancy

Life expectancy and modeling error is less significant for healthy, long–lived policies, as is typical with split-dollar loan receivables.  The main risk in the Life Settlement industry involves life expectancy estimation.[2]  The underestimation of life expectancies for Life Settlements could possibly lead to losses, due to the ongoing premium payments not present with split-dollar loan receivables.  Statistically, the probability that an individual will live longer than their life expectancy is 50%.[3]  To make up for this, life insurance policies that are purchased in the Life Settlement market are typically for insureds with health impairments, and with a higher discount rate.

In a study performed on open-end funds in U.S. Life Settlements, the realized returns found for 2003 to 2010 were 4.9%.[4]  During the same period, the London Business School Study calculated expected IRRs ranging from 11.0% to 18.8%.[5]  The risks associated with Life Settlements, and specifically with life expectancy estimates, cause realized returns to be much less than expected returns.

[1]       Perera, Nemo and Brian Reeves, Risk Mitigation for Life Settlements, The Journal of Structured Finance, Summer 2006, p. 56
[2]       Januario, Alfonso V. and Narayan Y. Naik, Testing for Adverse Selection in Life Settlements: The Secondary Market for Life Insurance Policies, London Business School, July 23, 2014, p. 7
[3]       Perera p. 59
[4]       Braun, Alexander, Nadine Gatzert and Hato Schmeiser, Performance and Risks of Open-End Life Settlement Funds, Journal of Risk and Insurance 79, pp. 193-229
[5]       Januario p. 23
Pitfalls Of Using Life Settlement Transactions To Value Split-Dollar Loan Receivables

Michael Conroy, CFA

DIRECTOR
mconroy@valuescopeinc.com

Mr. Conroy has more than 20 years of consulting and business valuation experience, concentrating on complex estate and gift valuation matters. He provides business valuation and financial consulting services to companies in a broad range of industries. Working with domestic and international clients, Mr. Conroy has performed thousands of business appraisals involving gift and estate tax, financial reporting, mergers, and acquisitions (valuations for buyers/sellers, fairness, and solvency opinions), litigation support, expert testimony, and other company requirements (including stock options and ESOPs). Mr. Conroy previously worked with the national valuation firm CBIZ Valuation Group, LLC here he was a senior manager. Prior to that, he taught chemistry and physics to high school and college students at Xavier College in Ba, Fiji, for two years as a U.S. Peace Corps volunteer.

 

Uncertainty Remains Around IRS Potential Treatment of Valuation Discounts

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IRS Valuation Discounts

At the American Bar Association meeting in May 2015, Cathy Hughes, Estate and Gift Tax Attorney of the US Department of Treasury’s Office of Tax Policy, commented that proposed amendments to Section 2704 (the IRS code that deals with valuation discounts) could be out by mid-September 2015.  While the IRS has yet to publish these amendments, they could be aimed at reducing and/or eliminating valuation discounts for lack of control and lack of marketability currently available to taxpayers gifting interests in family limited partnerships, closely-held companies, and other wealth transfer vehicles.

The IRS has tried for many years to limit these discounts through the Tax Court but has not won many victories and has been forced to attempt to go the legislative route to limit discounts.  President Obama’s 2013 budget (see page 79) included a proposal to restrict or eliminate valuation discounts on transfers of interests in family-controlled entities.  The IRS has not yet followed up on its plans to limit these discounts, creating uncertainty in the Estate Planning community.

Given the uncertainty around the future availability of valuation discounts, anyone with a potentially taxable estate should consult an estate planning attorney before the window passes.  According to IRS research, the larger the estate, the more likely the presence of a FLP.

Irs Valuation Discounts
Profile of 2004 estate tax decedents

Link to relevant article:

http://www.advfn.com/news_IRS-Takes-Aim-at-an-Estate-Planning-Strategy_67476977.html

Uncertainty Remains Around Irs Potential Treatment Of Valuation Discounts

Michael Conroy, CFA

DIRECTOR
mconroy@valuescopeinc.com

Mr. Conroy has more than 20 years of consulting and business valuation experience, concentrating on complex estate and gift valuation matters. He provides business valuation and financial consulting services to companies in a broad range of industries. Working with domestic and international clients, Mr. Conroy has performed thousands of business appraisals involving gift and estate tax, financial reporting, mergers, and acquisitions (valuations for buyers/sellers, fairness, and solvency opinions), litigation support, expert testimony, and other company requirements (including stock options and ESOPs). Mr. Conroy previously worked with the national valuation firm CBIZ Valuation Group, LLC here he was a senior manager. Prior to that, he taught chemistry and physics to high school and college students at Xavier College in Ba, Fiji, for two years as a U.S. Peace Corps volunteer.