Taxmann's Business Succession Planning

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FOREWORD

Shivram Sethuraman (PGDM IIM Lucknow)

Founder – Vtransform Consulting

Independent Director – Apollo Home Healthcare Ltd.

Ex-Director - Deloitte Human Capital Advisory Services

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Ravi Mamodiya i ii iii iv I-7
ABOUT THE AUTHOR
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PREFACE

After 10 years of being a Chartered Accountant, there was only so much in accounts and taxation that I could handle. But, I did begin to notice a shift inside me that was influenced by a series of events outside my area of work. One question gripped me strongly and pushed me to chase towards a deeper meaning: What is beyond Success?

Helping entrepreneurs and large corporate companies to acquire success has always been my core strength. However, after a certain point, every business owner is troubled by family disputes regarding ancestral properties or handing over the reins to the right person. I was approached to address such problems, or I may have started noticing them more prominently at the time. This was a similar problem that I faced when my father passed away and left his estate and financial belongings to my mother and siblings. I knew I had to dig deeper into this.

Talking about death is not easy as people try to avoid talking about it to the maximum possible extent. But for me, this wasn’t the case. I think that death is the ultimate reality. When I started to draw the reverse map of life, I found my Life’s Values, Principles and Non-negotiable values. It was only a matter of time when and how I would want to pass on my legacy post my demise.

I started looking for books that could help me simplify or understand this daunting process. Search engines

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filled their result pages with miles of information about succession. I began gathering more information by talking to people. That’s when I took notes and tried correlating these insights with succession. I looked forward to gaining more knowledge on the Succession and Business Continuity Planning process.

The truth is, the consequences of the sole businessman or breadwinner passing away is nothing short of a tragedy if you depend on them. Nothing lasts forever. Change will and must occur. With proper planning one can adapt to change.

Unless we do not hand over the reins to another in a planned manner, we will stagnate moving forward only because circumstances beyond our control force us to.

This book will hopefully help you understand the benefits and consequences of succession planning, and what you need to do to secure the reins of your empire to the right descendant.

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ACKNOWLEDGEMENT

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PROLOGUE
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CONTENTS PAGE Foreword I-5 About the Author I-7 Preface I-9 Acknowledgement I-11 Prologue I-13 PART I SUCCESSION INITIATION Chapter 1 Succession Foundation 3 Chapter 2 Types of Succession Planning 5 Chapter 3 Myths vs. Facts 7 Chapter 4 Succession Planning according to SEBI 11 Chapter 5 The Great Indian Family Business: Benefits and Challenges 14 I-15
Chapter 6 Conflicts of Interest in Family Business Management 20 Chapter 7 Breaking the Glass Ceiling: Overcoming Gender Bias in Succession Planning 24 Chapter 8 From Founder to Successor: Navigating Succession Planning for Female Entrepreneurs 27 Chapter 9 Passing the Torch: Succession for Startups 29 Chapter 10 The Life Cycle of Succession 34 PART II SUCCESSION PREPARATION/REHEARSAL Chapter 11 Garud View vs. Sarp View 41 Chapter 12 As Clear as Cr ystal 43 Chapter 13 Guiding Principles for Succeeding with Succession 45 Chapter 14 Strategies and Approach to Succession Planning 50 PAGE I-16
Chapter 15 The Wheel of Succession 57
OWNER’S VISION Chapter 16 Visualising the Vision-Internal 63 Chapter 17 Visualising the Vision-External 68
THE FAMILY CONSTITUTION Chapter 18 The Purpose of a Family Constitution 77 Chapter 19 A Step Before Family Constitution 82 Chapter 20 The Family Constitution: A Tool for Family Governance 84 Chapter 21 Steps for Building the Family Constitution 91 Chapter 22 Draf ting the Family Constitution 95 Chapter 23 Challenges in Constitution Building 98 PAGE I-17
PART III
PART IV

PART V

ALIGNING THE FAMILY AND THE BUSINESS Chapter 24 The Three Circle Model 107 Chapter 25 Parallel Planning Process 111 Chapter 26 Guiding Principles for Family Succession Planning 114 Chapter 27 Contingency Plan 121 PART VI SUCCESSOR IDENTIFICATION AND GROOMING Chapter 28 Identif ying the Leader 131 Chapter 29 The Three-step Model: Assessment, Management and Grooming (AMG) 137 Chapter 30 AMG - Step 1: Assessment 139 Chapter 31 AMG - Step 2: Management 144 Chapter 32 AMG - Step 3: Grooming 147 PAGE I-18
Chapter 33 Selecting the Successor 152 PART VII OWNERSHIP TRANSFER & ESTATE PLANNING Chapter 34 Mapping Out Estate Planning 163 Chapter 35 Type of Estate Succession 165 Chapter 36 Intestate Succession in Hindus: One Without a Will 167 Chapter 37 Intestate Succession in Muslims: One Without a Will 179 Chapter 38 Intestate Succession in Parsi: One Without a Will 185 Chapter 39 Intestate Succession in Christians and Others: One Without a Will 191 Chapter 40 Intestate Succession Process and Role of Domicile 202 Chapter 41 Succession Cer tificate 207 Chapter 42 Testamentary Succession: One with a Will 211 PAGE I-19
Chapter 43 Taxation of Intestate & Testamentary Succession 219 Chapter 44 Private Trust 222 Chapter 45 Hindu Undivided Family 247 Chapter 46 Breaking Some Other Myths 253 PART VIII SUCCESSION IN THE SERVICE INDUSTRY Chapter 47 Definition and Difference between Service and Business 261 Chapter 48 Next Steps for Successful Succession Planning 266 Chapter 49 5-step Approach for Succession in the Service Industry 268 Chapter 50 Succession in Corporate Practice vs. SME Practice 271 PART IX EXIT STRATEGIES Exit Strategies 277 PAGE I-20

PART X

CASE STUDIES AND FAQs 285 295 ANNEXURES 309 318 AFTERWORD 319 PAGE I-21
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CHAPTER 14 Strategies and Approach to Succession Planning
FIVE-STEP
TOWARDS FAMILY SUCCESSION PLANNING Vision
Constitution 51
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APPROACH
Family

Aligning the business & family strategies

Identifying & Preparing successors and Leadership transition

Estate Planning

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THREE-STEP APPROACH TOWARDS BUSINESS SUCCESSION PLANNING VisionIdentifying & Preparing Successors for Leadership53
Figure-3

Estate Planning

FIVE-STEP APPROACH TOWARDS SUCCESSION PLANNING FOR PROFESSIONALS

Vision

Figure-3A
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Family Structure and AlignmentAlignment with the Partners and the Existing TeamSuccessor Identification and GroomingEstate Planning and Exit Strategy 55
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Business Succession Planning

AUTHOR : RAVI MAMODIYA

PUBLISHER : TAXMANN

DATE OF PUBLICATION : APRIL 2023

EDITION : 2nd Edition

ISBN NO : 9789356227507

NO. OF PAGES : 344

BINDING TYPE : PAPERBACK

DESCRIPTION

This book provides answers to the readers' primary questions about succession, i.e.

• Where to begin?

• The ways to implement

The sole purpose is to help the reader understand the basics of succession in a simplified manner. It will be helpful for professionals and business owners to understand the critical aspects of succession planning and create strategies for better business continuity planning.

The Present Publication is the 2nd Edition, authored by CA Ravi Mamodiya, with the following noteworthy features:

• [Five-Step Approach] to handle the wheel of succession to plan, manage and see the expectations

• [Technicalities explained in a Simple Manner] To avoid getting caught in the web of laws & rules, the author has presented the technicalities suited for a layperson too

• [Diagrams, Charts, Case Studies & FAQs] are embedded in the book to help the reader to gain better insights into the topic

• [Summaries] Each chapter consists of key takeaways to revisit the learnings and remember the important points to solve the readers' doubts and provide clarity

• [Authors' Personal Experience] with different clients, including those faced amongst family, friends, and relatives, are included in the book to help the reader grasp the practicalities and realities of day-to-day life

• [Discussion on Estate Planning] which includes:

o Indian Succession Act

o Hindu Succession Act

o Shariat Law

o Private Trust and its Law, along with the applicability of the Income-tax Act in different situations

o Creation of HUF & its Taxation

ORDER NOW

Rs. 750 | USD 38

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