BP results - header image

May 2009 - Vol 1, Issue 8

Greetings!

BP results is an e-newsletter for industry professionals who provide vital financial and legal services for our mutual clients. So that you may identify similar opportunities in your practice we are sharing with you recent successes we've had with our clients.
In This Issue
Changing Bad Legislation
Strategic deal completed by our experienced M&A team
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State and Local Tax Services
425.289.7609
 
Allan Vander Hamm
Business Valuation and Transition Services
425.289.7613
 
Forensic, Litigation and Investigation Services
425.289.7617
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Changing Bad Legislation
 
As a service to our clients, we monitor Washington state legislation for tax bills that might affect them. On April 15th a bill was introduced in the senate that eliminates Washington's resale certificate and replaces it with a seller's permit issued by the Department of Revenue to each qualifying company. In the original version of the bill, the construction industry was prohibited from receiving the new seller's permits. Instead contractors would have been required to pay sales tax on all materials and labor purchased for resale, then take a credit on their own tax returns for each purchase on which sales tax was paid. This would have significantly increased the contractor's administrative burden and cash flow problems.
 
Result #1:We took a proactive role analyzing the bill and notified clients and contacts of the pending legislation so they could contact their elected representatives to express their views. Berntson Porter's Director of State and image: Darcy Kooiker testifyingLocal Tax Services, Darcy Kooiker, testified against the bill before the House of Representatives Finance Committee and suggested they remove the section affecting contractors. The House followed the suggestion and re-wrote the legislation to minimize the impact by allowing qualifying contractors to receive seller's permits, thus eliminating the tax prepayment and credit requirements for most contractors. The CFO of a large construction company wrote a thank you note to Darcy stating, "It would have been difficult to get the results we achieved without the insight you brought to the table."
 
This re-written legislation is not yet signed by the Governor, yet we have every expectation it will become the law.

Contact Darcy Kooiker, Principal and Director of State and Local Tax Services if you have questions at dkooiker@bpcpa.com or 425.289.7609.

Strategic deal completed by our experienced M&A team
 
The owners of one of our clients (seller) contacted us for assistance when an industry leader (buyer) approached to purchase the company. The seller manufactures products and provides services to the construction industry. The buyer had strategic interest for several reasons. The seller has many repeat customers in the Northwest with little crossover into the buyer's customer base. Customers know the seller for high quality products and rapid service. The buyer wanted to implement proprietary production techniques developed by the seller into other markets across the nation. The buyer also desired to utilize excess capacity at the manufacturing facility to produce their products for its existing customer base and cross sell into the seller's base.
 
The buyer wanted to move quickly so they offered an attractive price and terms corroborated by our valuation analysis. Management decided to move forward with the transaction so two BP partners assisted with negotiations and transaction structuring. We also referred the client to a trusted M&A attorney with whom we have had previous success. The owners, management, the attorney and BP worked together to ensure the final price, price allocation, terms and deal structure maximized after-tax proceeds to the seller. We also assisted with due diligence procedures to complete a successful transaction.
 
Result #2: The buyer purchased a turn-key strategic opportunity to expand geographical territory, obtained a new customer base, gained the ability to sell a new line of products through its existing national customer base, added production capacity, integrated proprietary production processes, and employed skilled and dedicated employees to generate immediate profitability and cash flow.
 
We are specialists in buying, selling or valuing a business or an interest in a business, and in the process of successfully completing ownership transition to maximize personal and financial results. Please give Allan Vander Hamm, Principal, Business Valuation and Transition Services, a call at 425.454.7990 to discuss the issues and the integrated team-focused process at no charge.
 
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425.454.7990     fax: 425.454.7742
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