17 BUSINESS TIPS CONTINUED FROM PAGE 7 By Troy Marchant, Director, Adviceco Chartered Accountants How to Value a Business……In Divorce I WAS A asked this question by a client this month, so I thought I would share some insights – separating from a partner does happen and it is hard enough to do, let alone the finance part of it. The “worth” of anything is a very subjective concept as it depends who you are asking at the time. A set of reading glasses made for Mr Smith are worth a lot to him, but not worth much to Mr Jones, as it’s unlikely he has the same prescription (or perspective) as Mr Smith. The common objective of most business valuation assignments is to estimate the “Fair Market Value” of the business, which is usually a hypothetical price that might be agreed between a knowledgeable, willing but not anxious seller and a knowledgeable, willing but not anxious buyer. Sounds good in theory but what does it really mean? How is a business valued in divorce? What is a business worth, and how do we prove it? This is the key dilemma for every valuation ever undertaken of any unlisted business! But there’s one thing that is for sure in a divorce…each party will have a very different opinion on the value of the business…depending on how they might stand to benefit. But don’t despair, despite the apparent difficulties in calculating the value of an unlisted or family business, it’s actually quite easy, it’s called the “discounted cash flow” method. All you need to know is the dollar values and transaction dates of every single cash inflow and cash outflow for the business between now and infinity with certainty. Once you know all of those you can apply a risk-adjusted interest rate (called the discount rate) to each cash inflow and outflow and add them all together to get the valuation figure. Can you see a problem with this method? So you don’t have a crystal ball? Ok well the next best method is to look at the profitability of the business over the last few years and make an educated guess of the likely “recurring” profitability going forward. You then make an assumption that this exact amount of profit will continue between now and infinity, we call this the “Future Maintainable Earnings” method. Whilst this method isn’t technically as valid as the discounted cash flows method it’s still the method used by most business valuers most of the time, especially in this day and age when crystal balls are hard to come by. But this is where the fun really begins. How do you prove the Future Maintainable Earnings? The reality is that it can’t be proven because it’s only ever going to be an estimate of a likely scenario based on probabilities. True, it’s an estimate initially based on factual historical data and best-practice assumptions, but it can never be proven because it is still only an estimate by definition. And for some strange reason, judges aren’t too keen on referring to estimates as facts when determining the application of law. So the battle begins between the solicitors. One side saying the valuation is too high and the other side saying it’s too low. The solicitor arguing the valuation is too high will often argue that there is no “fair market value” as there is no evidence that anyone would want to buy the business because it relies too much on the owner to keep it afloat. They say that no market value means it’s worth nothing. The solicitor arguing the valuation is too low will often argue that the business gives “special benefits” to the existing owners that make it worth much more than the financial data or the lack of buyers would indicate. They further argue that what the market would pay for the business is irrelevant because the business is not currently up for sale and probably never will be. Both arguments appear quite reasonable so which one is right? Unfortunately there is still no clear universally accepted method to calculate the value of an unlisted business in divorce. However, a generally accepted concept has emerged that the objective of a business valuation under the Family Law Act should be to calculate the Value to the Owner (VTO), not necessarily the market value of the business. If you are part of a divorce or separation that involves a small business, the moral of the story is to engage a professional business valuer or expert witness to put together a written valuation report that transparently addresses all of the relevant matters where any subjectivity is possible. If you need help, AdviceCo has access to some great resources and professionals that can help you navigate this terrain. As always, happy to answer any questions troy.m@adviceco.com.au relationships developed by the Hegans. Mr Hegan said that partnerships in the US have presented opportunities that currently are difficult to take advantage of due to freight timeframes and costs. “It is very important to note, we still forecast our growth in the Australian market and subsequent expansion of the Wyong operation coupled with a strategy for Wyong to be the hub for innovation and development for the greater business,” he said. Compliance continues to be the greatest market demand, with the ability to trace the lineage of an item and protect it’s integrity using RFID or NFC technology. Beyond governance the Australian market is seeing a shift towards supply chain and inventory management enhancement. The efficiency gains benefit manufacturing costs, speed to market, enhanced buying experience and as such potential consumer savings. 4id Solutions appoints new CEO looks to expand into US The Coast’s No.1 way to talk to business Phone: 4367 0733 or email info@ccbusinessreview.com.au LET US HELP YOU CREATE A SUCCESSFUL ADVERTISING CAMPAIGN FOR YOUR BUSINESS CENTRAL COAST BUSINESS REVIEW SEPTEMBER 2024
RkJQdWJsaXNoZXIy MTI3ODI1