article thumbnail

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.”

article thumbnail

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. There is a rebuttable presumption under the Notice, however, that such exception does not apply.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

No Marketability Discounts or Discounts for Illiquidity for Controlling Interests of Companies

Chris Mercer

My most recent post, titled Fair Market Value and the Nonexistent Marketability Discount , generated quite a discussion when posted on LinkedIn. The post provided a solid rationale that there is no such thing as a marketability discount for controlling interests of companies. ” (p.

article thumbnail

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

Chris Mercer

The second and third musings address the issue of marketability discounts and conclude that it is not possible to comply with any valuation standards, whether USPAP or not, using only averages of restricted stock studies as a basis for “guessing” marketability discounts. The relevant pool of potential buyers, if any.

article thumbnail

Company Valuation Methods—Complete List and Guide

Valutico

There are three primary approaches under which most valuation methods sit, which include the income approach, market approach, and asset-based approach. The income approach estimates value based on future earnings, using techniques like the discounted cash flow analysis. How Do I Value a Business?

article thumbnail

Guest Post: Illinois Appraisal and Valuation Rights: An Overview

Appraisal Rights

Fair value,” with respect to a dissenter’s shares, “means the proportionate interest of the shareholder in the corporation. Fair value” is calculated “without discount for minority status or, absent extraordinary circumstance, lack of marketability.” 805 ILCS 5/11.70(j)(1). citing Weigel Broadcasting Co.