Treasury Regulations (26 C.F.R.)
26 CFR § 20.2031-3
Valuation of interests in businesses.
The fair market value of any interest of a decedent in a business, whether a partnership or a proprietorship, is the net amount which a willing purchaser whether an individual or a corporation, would pay for the interest to a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts. The net value is determined on the basis of all relevant factors including—
# (a)
A fair appraisal as of the applicable valuation date of all the assets of the business, tangible and intangible, including good will;
# (b)
The demonstrated earning capacity of the business; and
# (c)
The other factors set forth in paragraphs (f) and (h) of § 20.2031-2 relating to the valuation of corporate stock, to the extent applicable.
Special attention should be given to determining an adequate value of the good will of the business in all cases in which the decedent has not agreed, for an adequate and full consideration in money or money's worth, that his interest passes at his death to, for example, his surviving partner or partners. Complete financial and other data upon which the valuation is based should be submitted with the return, including copies of reports of examinations of the business made by accountants, engineers, or any technical experts as of or near the applicable valuation date. See section 2701 and the regulations at § 25.2701 of this chapter for special rules for valuing the transfer of an interest in a partnership and for the treatment of unpaid qualified payments at the death of the transferor or an applicable family member. See section 2703 and the regulations at § 25.2703 of this chapter for special rules involving options and agreements (including contracts to purchase) entered into (or substantially modified after) October 8, 1990. See section 2704(b) and the regulations at § 25.2704-2 of this chapter for special valuation rules involving certain restrictions on liquidation rights created after October 8, 1990.
[T.D. 8395, 57 FR 4254, Feb. 4, 1992]
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In this part (40 sections)
- 20.2011-2 · Limitation on credit if a deduction for State death taxes…
- 20.2012-1 · Credit for gift tax.
- 20.2013-1 · Credit for tax on prior transfers.
- 20.2013-2 · “First limitation”.
- 20.2013-3 · “Second limitation”.
- 20.2013-4 · Valuation of property transferred.
- 20.2013-5 · “Property” and “transfer” defined.
- 20.2013-6 · Examples.
- 20.2014-1 · Credit for foreign death taxes.
- 20.2014-2 · “First limitation”.
- 20.2014-3 · “Second limitation”.
- 20.2014-4 · Application of credit in cases involving a death tax…
- 20.2014-5 · Proof of credit.
- 20.2014-6 · Period of limitations on credit.
- 20.2014-7 · Limitation on credit if a deduction for foreign death taxes…
- 20.2015-1 · Credit for death taxes on remainders.
- 20.2016-1 · Recovery of death taxes claimed as credit.
- 20.2031-0 · Table of contents.
- 20.2031-1 · Definition of gross estate; valuation of property.
- 20.2031-2 · Valuation of stocks and bonds.
- 20.2031-3 · Valuation of interests in businesses.
- 20.2031-4 · Valuation of notes.
- 20.2031-5 · Valuation of cash on hand or on deposit.
- 20.2031-6 · Valuation of household and personal effects.
- 20.2031-7 · Valuation of annuities, interests for life or term of…
- 20.2031-8 · Valuation of certain life insurance and annuity contracts;…
- 20.2031-9 · Valuation of other property.
- 20.2032-1 · Alternate valuation.
- 20.2032A-3 · Material participation requirements for valuation of…
- 20.2032A-4 · Method of valuing farm real property.
- 20.2032A-8 · Election and agreement to have certain property valued…
- 20.2033-1 · Property in which the decedent had an interest.
- 20.2034-1 · Dower or curtesy interests.
- 20.2036-1 · Transfers with retained life estate.
- 20.2037-1 · Transfers taking effect at death.
- 20.2038-1 · Revocable transfers.
- 20.2039-1 · Annuities.
- 20.2039-1T · Limitations and repeal of estate tax exclusion for…
- 20.2039-2 · Annuities under “qualified plans” and section 403(b)…
- 20.2039-3 · Lump sum distributions under “qualified plans;” decedents…