Are you thinking about selling your brewery or distillery? Selling a business is a lengthy and multifaceted undertaking that requires years of advanced planning. To ensure the process is as smooth, tax-efficient, and successful as possible, you need to begin preparing well ahead of time. Here are some factors you will need to take into account as you prepare to sell your business.
Consider the type of buyer you want to sell to
Two of the most common options for selling a business are (1) selling to a private equity firm and (2) selling to a strategic buyer. Each option has its own advantages and challenges. Private equity firms are investment companies that acquire businesses, increase their value through strategic improvements, and then sell them for a profit. Strategic buyers, on the other hand, are typically companies in the same industry looking to integrate the target company’s assets and resources into their existing business. The choice between selling to a private equity firm or a strategic buyer depends on what kind of involvement you want to retain in the business, your financial goals, and other factors.
Review your financial records and compliance
Your buyer will need to see recent copies of your financial records, including balance sheets, profit and loss statements, cash flow statements, bank statements, and tax returns. They will also need to verify your compliance with relevant local, state, and federal regulations. Make sure that your legal and financial records are up-to-date and sufficiently detailed. Well-organized records help provide a clear picture of your business’s health and instill confidence in your buyer.
Consider the structure of your sale
Business sales can be structured as stock sales or asset sales. The structure of the sale determines how it will be taxed as well as your level of future involvement in the business. In an asset sale, a buyer purchases specific assets from the seller rather than the entire business, with the seller retaining ownership of the business entity. The sale of some types of assets results in ordinary income, while the sale of others results in a capital gain—and so, they are taxed differently. Buyers generally prefer asset sales for liability and tax reasons. A stock sale, on the other hand, is the sale of the business’s shares, which transfers ownership of the entire legal entity to the buyer. Sellers generally prefer stock sales for more favorable tax treatment on their end, as proceeds from stock sales often qualify for capital gains tax rates, which are significantly lower than ordinary income tax rates. You and your buyer will have to come to an agreement as to how you will structure the sale.
Have a succession plan in place
Succession planning is a critical owner responsibility that helps ensure your business continues running smoothly and successfully after you leave. A succession plan provides a roadmap for the future of your business and also earns you the confidence of potential buyers, your employees, customers, and other stakeholders by assuring them that a solid plan is in place for the transition of leadership.
Work closely with advisors from the start
It’s important that you work with reliable advisors who can guide you throughout the sale process. Your team of advisors will likely include legal counsel, an accountant, and other professionals.
Make RBT Part of Your Team
RBT CPAs is here to support and advise you before, during, and after the sale of your brewery or distillery. Our team has been providing top-tier accounting, tax, audit, and advisory services to clients in the Hudson Valley and beyond for over 55 years. Give RBT a call today to find out how we can be Remarkably Better Together.





