Appraisals Communique

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CMEA Legal Applications

Here are some common applications where attorneys appreciate the withstandable scrutiny of documents from an Appraisals Communique CMEA (Certified Machinery & Equipment Appraiser).

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1031 Exchanges

1031 Exchanges are still one of the best kept secrets of the IRS. To defer taxes, assets require a legitimate valuation for a like-kind exchange to pass IRS scrutiny.

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Buy/Sell Agreement

When assets from a business are sold, fixed and tangible assets often must be valued separately from the business' intangible assets.

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Dissolution

As with divorces, when partners dissolve their relationship, there may be a need to value the tangible assets which were held during the relationship.

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Divorce

Divorce is sticky particularly when a business is owned by one or both partners. Upon commencement of proceedings, the courts will seek to divide the value of the business between the parties. Hence, a complete business valuation will be ordered and, as stated with Buy/Sell agreement above, the tangible and intangible assets likely may be required to be valued separately.

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Employee Stock Ownership Plans (ESOPs)

If your business is considering or already has an employee stock ownership plan (ESOP), know that initial asset values contributed must start out with accurate appraisal of tangible assets such as machinery/equipment. Book value is not accurate and will not hold up to dispute.

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Estate Planning

To ensure that after your death your property passes exactly to those whom you trust and love, legal trusts and wills must contain accurate values for all items.

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Litigation

Being dragged into court is nothing anyone wants to think about. But in our litigious age, it is a reality that must be prepared for whether the suit is filed or could be due to the nature of a particular business or the nature of people.

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Retirement Planning

Retirement planning must be performed carefully to know the true value of assets that might be systematically liquidated or to sell the business at the highest, indisputable value in exchange for the life and freedom that a client worked hard for so many years.

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Sarbanes-Oxley

Since government created Public Company Accounting Reform and Investor Protection Act of 2002 (also known as Sarbanes-Oxley) in response to Enron and like accounting scandals, business owners must be careful to comply and not be caught in the undertow. All tangible assets must be valued and substantiated.

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Trust Agreements

Trust agreements, by there very name, rely on the trust of the obligated parties. Trust should be based on as solid of figures as possible for the confidence of all involved.

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