Protecting Your Self-Storage Legacy: Estate Planning for Facility OwnersProtecting Your Self-Storage Legacy: Estate Planning for Facility Owners
Most of us don’t want to think about dying, but if you’re a self-storage owner, you need to plan for the legacy you leave for your family. Proper estate planning can save your heirs significant stress from tax issues and future conflicts. Following is a blueprint for safeguarding your business assets and ensuring things unfold according to your wishes.
As a tax advisor and certified public accountant (CPA) with years of experience working with self-storage owners, I’ve seen firsthand the importance of proper estate planning in this industry. Many of you pour your hearts, souls and life savings into your business, yet often overlook the critical step of planning for the future of your assets. In this article, we'll explore why estate planning is crucial, what the process entails, the tax implications to consider, common missteps to avoid and additional advice to ensure your legacy is protected.
What Estate Planning Is and Why You Need It
Estate planning involves anticipating and arranging for the management and disposal of an individual’s estate in preparation for their eventual incapacity or death. For self-storage owners, this process is particularly crucial due to the unique nature of the asset and the potential complexities involved in transferring ownership.
Self-storage facilities are more than just real estate; they’re operating businesses with ongoing income streams, employees and customer relationships. Without proper planning, the death of an owner can lead to operational disruption, disputes among heirs and significant tax liabilities that could force a sale at an inopportune time. As an owner, you need to prioritize estate planning to ensure:
Asset protection: Shield your hard-earned investments from unnecessary taxes and potential creditors.
Business continuity: Ensure your self-storage facility continues to operate smoothly even after you're gone.
Family harmony: Prevent disputes among members by clearly outlining your wishes.
Legacy preservation: Maintain what you’ve built and pass it on according to your desires.
Tax efficiency: Minimize estate taxes and other liabilities for your heirs.
The Estate-Planning Process
There are several key steps involved in estate planning. They are:
Inventory assets: Create a comprehensive list of all assets, including real estate, equipment, bank accounts, investments and any personal property of value.
Determine objectives: Clearly define your goals for the self-storage business and your personal assets. Do you want the facility to continue operating under family management, or would you prefer it to be sold?
Choose beneficiaries: Decide who will inherit your assets, including the self-storage business.
Select fiduciaries: Appoint trustees, executors and potentially a power of attorney to manage your affairs if you become incapacitated.
Create legal documents: Work with an attorney to draft necessary documents such as a will, trusts and power of attorney.
Review and update regularly: Estate plans should be reviewed and updated periodically, especially after significant life events or changes in tax laws.
Depending on your situation, additional considerations may include:
Business-succession planning: Determine who’ll take over the management of the self-storage facility.
Buy-sell agreements: If you have business partners, establish agreements that outline what happens to each person’s share upon death or incapacity.
Key-person insurance: Consider policies that can provide liquidity to the business in the event of an owner’s death.
Tax Implications
Understanding and planning for tax implications is a crucial aspect of estate planning for self-storage owners. Consider the following:
Estate tax: As of 2024, the federal estate tax exemption is $13.61 million per individual (adjusted annually for inflation). Estates exceeding this amount may be subject to a 40% tax rate on the excess. Some states also impose their own estate taxes, often with lower exemption thresholds.
Gift tax: Lifetime gifts exceeding the annual exclusion amount (currently $18,000 per recipient for 2024) count against your estate-tax exemption. Strategic gifting can be an effective way to reduce the size of your taxable estate.
Capital-gains tax: Inherited assets receive a step-up in basis to their fair market value at the date of death, potentially reducing capital-gains tax liability for heirs if they sell the assets.
Income tax: If your estate plan includes trusts, be aware of the compressed tax brackets involved, which can result in higher income-tax rates on trust income.
State-specific taxes: Some states have inheritance taxes, which are paid by the beneficiaries rather than the estate. Consider any state-specific implications in your planning.
Business valuation: Proper valuation of your self-storage business is crucial for tax planning. Consider engaging a qualified appraiser to ensure accuracy.
Charitable giving: Incorporating charitable donations into your estate plan can provide tax benefits while supporting causes that are important to you.
Common Missteps to Avoid
In my years working with numerous self-storage owners on their estate plans, I’ve observed several common pitfalls to avoid:
Procrastination: Don't wait until it's too late. Start your estate planning early and review it regularly.
Failure to update: Life and laws change, and your estate plan should change, too. Review and update it every few years or after significant life events.
Overlooking digital assets: Don’t forget to include provisions for online accounts and cryptocurrencies.
Neglecting succession planning: Failing to plan for the continuation or sale of your self-storage business can lead to chaos and financial loss for your heirs.
Ignoring state-specific laws: Estate laws vary by state. Ensure your plan complies with the legislation of all states in which you own property.
Choosing the wrong fiduciaries: Select trustees and executors who aren’t only trustworthy but financially savvy and capable of handling complex business matters.
Lack of liquidity planning: Ensure there’s enough liquid assets to cover potential estate taxes and other expenses without forcing a fire sale of the business.
Not communicating the plan: Failing to discuss your estate plan with family members can lead to confusion and disputes.
Additional Advice
As you embark on your estate-planning journey, here are some additional pieces of advice to consider:
Assemble a team of professionals. Work with an estate-planning attorney, CPA or financial advisor who has experience with self-storage businesses and high-net-worth individuals.
Consider a family limited partnership or limited liability company. These structures can facilitate the transfer of business interests while maintaining control and potentially providing valuation discounts for gift and estate-tax purposes.
Explore irrevocable life-insurance trusts. These can provide liquidity to pay estate taxes without the proceeds being included in your taxable estate.
Implement a grantor-retained annuity trust or intentionally defective grantor trust. These advanced estate-planning techniques can be effective for transferring business interests to the next generation while minimizing gift taxes.
Consider charitable remainder trusts (CRT). If you’re charitably inclined, CRTs can provide income during your lifetime while benefiting charities and potentially reducing estate taxes.
Document your wishes beyond assets. Include instructions for your digital legacy, funeral arrangements and any specific wishes for the continuation of your business philosophy.
Prepare your heirs. If family members will be taking over the self-storage business, involve them in operations and decision-making well in advance to ensure a smooth transition.
Estate planning is a complex but crucial process. By taking a proactive approach, working with experienced professionals and regularly reviewing and updating your plan, you can ensure that your hard-earned self-storage assets are protected, your business legacy continues and your family is provided for according to your wishes. Remember, the time and effort invested in this process can save your heirs significant stress related to tax issues and potential conflicts.
Telma Landhorian is the founder of Elite Consulting P.C., which specializes in financial management for self-storage businesses. Her 15-plus years of experience in accounting, income maximization, expense control, cash-flow forecasting and property taxes has led to remarkable results for clients. To reach her, call 312.809.9317 or email: [email protected].
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