Josh Shilts interviews estate and tax attorney, Bo Trudeau, about formula transfer clauses for estate and gift tax planning. They discuss how these clauses can help reduce tax risk for transfers of hard-to-value assets, review key cases such as Wandry and Procter, and clarify the differences between the various types of formula transfer clauses. The episode highlights the importance of establishing intent, consistent documentation, and timely valuations, and also provides specific strategies to bolster formula transfers against challenges from the IRS.

Key takeaways include:

Evolution of the case law relating to formula transfers
Distinctions between defined value, price adjustment, and other clauses
Essential strategies and documentation for formula transfers

Continue reading to learn about key resources available at AICPA-CIMA.com to improve your valuation analyses.

Guest: Robert H. "Bo" Trudeau, JD, LLM, Purcell, Flanagan, Hay & Greene, P.A. Host: Josh Shilts, CPA/ABV/CFF/CGMA, Forensic & Valuation Services Director, Dean Dorton

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VS Section 100 Toolkit This toolkit is designed to provide non-authoritative guidance on the development of valuation or calculation engagements in accordance with VS Section 100. Statement on Standards for Valuation Services ("VS Section 100" or "SSVS"), Valuation of a Business, Business Ownership Interest, Security, or Intangible Asset

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Defining the Limits: Navigating Tax Risk with Formula Transfer Clauses