the startup founders' guide to wealth management

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The Startup Founder’s Guide to Wealth Management Darin Donovan, Esq. Shareholder Hopkins & Carley Glenn McCrae Chief Strategy Officer Early Growth Financial Services #wealthmanagement

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Young entrepreneurs often don’t give enough (any!) thought to managing their personal wealth and how to best transfer that wealth. Wealth transfer planning is best to consider during the startup phase and will be most effective if you deal with it early on. In this presentation, Darin Donovan, Shareholder for Hopkins & Carley, and Glenn McCrae, Chief Strategy Officer for Early Growth Financial Services discuss the simplest strategy for wealth transfer, the transfer tax landscape, trust structures, and more.

TRANSCRIPT

Page 1: The Startup Founders' Guide to Wealth Management

The Startup Founder’s Guide to

Wealth Management

Darin Donovan, Esq.ShareholderHopkins & Carley

Glenn McCraeChief Strategy OfficerEarly Growth Financial Services

#wealthmanagement

Page 2: The Startup Founders' Guide to Wealth Management
Page 3: The Startup Founders' Guide to Wealth Management

Personal Planning Opportunities During Startup Phase

• While moving your company toward an IPO or M&A, keep in mind that there are personal planning opportunities available

• These opportunities are time sensitive• Know and understand what you have

Page 4: The Startup Founders' Guide to Wealth Management

Know Your Assets

• To understand your personal planning opportunities, you must understand your assets– Stock Options: ISOs, NonQuals– Restricted Stock– Founder’s Stock– Vesting

• Professional Income Tax planning assistance

Page 5: The Startup Founders' Guide to Wealth Management

Transfer Tax Landscape

• Income Tax compared to Estate/Gift Tax• Federal Estate/Gift Tax: $5.34 million

lifetime exemption; 40% tax rate• Transferring assets before event can

make gifting much more effective than after

• Capturing post-transfer appreciation

Page 6: The Startup Founders' Guide to Wealth Management

Gift Tax Exemptions

• Marital Deduction• US Citizens – unlimited deduction• Non-US Citizen – $145K annual deduction

• Annual exclusion – 14K/donee• Medical/education – not gifts• Lifetime exemption – 5.34 million• File gift tax return – FMV at time of

complete transfer• Hard to value assets

Page 7: The Startup Founders' Guide to Wealth Management

Gifting: Types of Assets

• Stock: private/public• Stock options• Disqualifying dispositions • Vesting

• Partnership/LLC/carried interest• Real property

Page 8: The Startup Founders' Guide to Wealth Management

Gifting: Methods

• Outright• Custodial Accounts – 18/21• Irrevocable Trusts

Page 9: The Startup Founders' Guide to Wealth Management

Simplest Strategy: Outright Transfers of Stock

• Best for siblings, parents, responsible children over 18 (or older)

• Not appropriate for stock options• Annual Exclusion/Lifetime exemption• Gift tax filings/valuation

Page 10: The Startup Founders' Guide to Wealth Management

Transfers into Irrevocable Trusts

• Best for minor children, grandchildren other beneficiaries where financial abilities are questionable

• Annual Exclusion gifts; use of lifetime exemption

• Trust structures – funds available on timetable client determines

Page 11: The Startup Founders' Guide to Wealth Management

Leveraging Gift Transfers

• Grantor Retained Annuity Trusts (GRATs)

• Sales to Defective Grantor Trust

Page 12: The Startup Founders' Guide to Wealth Management

More Sophisticated TechniquesGrantor Retained Annuity Trust (GRAT) – future appreciation to beneficiaries

•Government set “hurdle” rate” (July of 2014: 2.2%)• Timing of transfer• Asset selection• Diversification of transfers over time• Limitations

Page 13: The Startup Founders' Guide to Wealth Management

More Sophisticated TechniquesDefective Grantor Trust – out of estate, but liable for Income Tax

•Growth/appreciation• Nonrecognition Transactions• Safety valve for Income Tax Liability• Generation-Skipping Transfer (GST)

Planning

Page 14: The Startup Founders' Guide to Wealth Management

Post-Liquidity Event

• CRTs/CLTs • Family entities• Charitable giving

Page 15: The Startup Founders' Guide to Wealth Management

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Thank You and Q&A

Hopkins & Carley, A Law Corporation200 Page Mill Road, Suite 200

Palo Alto, CA 94306T: (650) 804-7600

www.hopkinscarley.com

@HopkinsCarely

Darin Donovan, Esq., [email protected]

Glenn [email protected]

EGFS Headquarters2033 Gateway Place, 5th Floor

San Jose, CA 95110T: (415) 234-3437

www.earlygrowthfinancialservices.com

@EarlyGrowthFS