What is a Section 1031 Exchange? A taxpayer may defer capital gains taxes on the sale of certain investments or business assets by swapping like-minded properties. This is called a section 1031 exchange. Under a 1031 exchange, capital gains taxes may be deferred so long as the asset being sold and the asset being swapped … Read more
Private Equity Transactions A private equity buyer refers to a group of institutional or accredited investors that have pooled their capital together for the purposes of investing or buying private or public companies. Private equity groups purchase all kinds of businesses, but typically look for well established businesses with substantial profits. For businesses priced over … Read more
Defining an ‘Offer’ An offer is the critical step that a buyer makes when purchasing a business. Legally, an offer is a specific proposal necessary to create a contract with another party. An offer coupled with an acceptance of the offer creates a contract. When purchasing a business, an offer may come in the form … Read more
Business Loan Brokers Help Fund Businesses Business loan brokers (or commercial loan brokers) help business owners qualify for and receive commercial loans that suit their unique business financing needs. Typically, business loan brokers are paid a percentage of the loan that the business owner receives. Business loan brokers have a role to play when businesses … Read more
The Non-Compete Agreement A non-compete agreement in the context of business sales governs the extent (in length and geographic breadth) to which the seller of the business may not ‘compete’ against the buyer’s business after the closing. In general terms, Florida courts enforce non-competes so long as they are ‘reasonable’ and serve to protect a … Read more
SBA Facilitates Business Sales Business sales financed by the Small Business Administration (SBA) often allows buyers the opportunity to purchase the business of their dreams. Banks are encouraged to make small business loans by the government through the SBA program for the purpose of facilitating economic growth. Sellers of businesses may take advantage of SBA-backed … Read more
Structural Formats of Business Sales Before buying or selling a business, one needs to know how exactly that will be accomplished. The format in which a business sale is structured has significant legal and tax implications. Both the buyer and seller should be aware of the advantages and disadvantages in purchasing or selling a business … Read more
Letter of Intent At some point in the process of selling a business, a buyer may submit an offer via a Letter of Intent (frequently referred to as an LOI). A Letter of Intent is not the governable purchase agreement of a deal but rather should be viewed as its formal framework. The asset or … Read more
Expert Business Broker Communicates A major factor in closing any business deal is communication. The buyer and the seller must properly communicate their goals, intentions, and questions to one another. An expert business broker facilitates this communication and anticipates key questions and issues of a business deal which must be addressed in order to effectuate … Read more
What is an E2 Visa? An E2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. Business. In recent years, many non-U.S. citizens living overseas have utilized this program and gained U.S. citizenship from buying a business in the United States. A very common … Read more