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Fair Market Value and the Nonexistent Marketability Discount for Controlling Interests

Chris Mercer

This post provides a discussion of several implications of the definition of the standard of value known as fair market value. We focus first on the definition of fair market value. We then look at the implications for the so-called “marketability discount for controlling interests.”

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Interim Guidance on Stock Buyback Excise Tax Confirms Broad Application to M&A and Capital Market Transactions

Cooley M&A

The Excise Tax generally applies to the fair market value of stock repurchased in a taxable year, net of the fair market value of stock issued in the same taxable year, with certain modifications. because SPAC sponsor shares are forfeited and not entitled to receive any distributions upon liquidation).

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Mercer’s Musings #4: Factors to Consider in Valuing Partial Ownership Interests

Chris Mercer

My current series of blog posts is titled “Mercer’s Musings.” The beginning point of the valuation of a partial ownership interest is almost always the value of the underlying business or asset. This is the “base value” that has been addressed in a number of posts on this blog.

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Mercer’s Musings #3: Marketability Discounts Re Two Hypothetical Minority Interests

Chris Mercer

My conclusion is that the various restricted stock studies are inadequate to meet current business valuation standards and that they should not be used as a basis for “guessing” the magnitude of marketability discounts for illiquid interests of closely held businesses. The interests differ significantly from that point on.

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Guest Post: Properly Applying Valuation Discounts in a Business Divorce

Appraisal Rights

This includes reviewing business information and assessing equity risk in order to produce a value conclusion addressing those risk factors. Valuation discounts are essentially the difference between fair value and fair market value. Declare/pay shareholder dividends. Influence and control the board.

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Guest Post: Illinois Appraisal and Valuation Rights: An Overview

Appraisal Rights

Further, while the statute defines “fair value” to eliminate the marketability and minority discounts typically associated with “fair market value” valuations, courts in Illinois have found that “fair market value” is a relevant factor to be considered when determining “fair value.”

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10 midyear tax planning moves

ThomsonReuters

Gains from the sale of an investment held for more than one year (as well as dividends on certain stocks) are generally taxed at preferential capital gains rates. Dividends from any gifted stock also may qualify for the lower rate. Basis in virtual currency is the Fair Market Value (FMV) of the currency on the date it is received.