Valuation Discounts in Estate Planning: Navigating Control, Marketability, and Market Volatility

Sep 16, 2024

Business valuation discounts play a critical role in determining the value of business interests, particularly in estate planning. These discounts arise from two key factors: lack of control and lack of marketability. This paper explores these discounts, the influence of market volatility as indicated by the VIX index, and the impact of political events, such as the upcoming presidential election.

Valuation Discounts: Lack of Control and Lack of Marketability

The concept of valuation discounts is closely tied to the degree of control and marketability associated with a business interest. The lack of control discount addresses the reduction in value of a non-controlling interest due to insufficient influence over business decisions. Separately, the lack of marketability discount captures the reduced value of a business interest due to difficulties in liquidating the interest in a timely and certain manner.

Lack of Control Discount

Control issues are addressed first in the valuation, as they pertain to the influence or power associated with a particular ownership stake. Only after assessing control issues are marketability concerns considered. This approach is based on the logic that the size of the ownership block and the level of control it provides should influence the application of any marketability discount. For instance, a 100 percent ownership position provides full control and generally incurs no lack of control discount, while ownership less than 100 percent results in varying degrees of control discounts, reflecting the reduced influence associated with non-controlling interests.

Lack of Marketability Discount

Marketability issues come into play in the valuation process once control factors are accounted for. A lack of marketability discount reflects the illiquid nature of a business interest. The more difficult it is for an owner of a minority interest to convert that interest into cash, the larger the discount. For example, a minority interest in a company that pays no dividends, has no redemption policy, and is subject to significant transfer restrictions under a shareholder agreement would have little prospect of liquidity. Such an interest would have a large discount. On the other hand, a minority interest in a company that pays significant regular dividends, has a policy of offering significant annual redemptions, and has no transfer restrictions would have a much smaller discount.

In estate planning, these discounts impact the valuation of privately held business interests, influencing decisions related to gifting, selling, or transferring such interests. The chart provided illustrates varying levels of control or lack thereof.

The VIX Index, Market Volatility, and the Presidential Election

The VIX index, known as the “fear gauge,” measures market volatility and investor sentiment. When the VIX is high, it indicates that investors expect significant market fluctuations, often due to uncertainty or perceived risk. Conversely, a low VIX suggests that investors expect stable market conditions.
The 2024 presidential election has been a significant driver of volatility. Historically, elections introduce uncertainty into markets as investors try to anticipate the economic and policy implications of the candidates. Spikes in the VIX often occur around key moments in the election cycle – debates, campaign announcements, or surprising shifts in polling data – when markets react to new information.
This volatility plays a crucial role in valuation discounts. Higher market volatility generally leads to higher perceived risks, which can increase both lack of control and lack of marketability discounts. For estate planners, understanding the impact of political risk and market uncertainty is essential when assessing the timing and strategy of asset transfers or valuations.

Integration of Valuation Discounts and Political Risk

Understanding the relationship between market volatility (as indicated by the VIX index) and valuation discounts is helpful when taking advantage of discounts in estate planning. Increased volatility typically results in higher discounts due to greater risk perceptions. Estate planners should consider these factors when helping business owners make decisions about asset transfers, valuations, and strategic planning.

Conclusion

Valuation discounts for lack of control and lack of marketability are pivotal in business valuations and estate planning. The VIX index provides insights into market volatility, which influences these discounts. Additionally, political events such as presidential elections introduce uncertainties that can affect market conditions and valuation outcomes. Effective estate planning requires a thorough understanding of these dynamics to optimize asset management and mitigate potential risks.


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