Valuation Information
Business valuation is both an art and a science. The three primary approaches to valuation are the income approach (which values the business based on its ability to generate future earnings, using methods such as discounted cash flow or capitalization of earnings), the market approach (which compares the business to similar companies that have recently sold), and the asset approach (which values the business based on the net value of its tangible and intangible assets). The appropriate method depends on the type of business, the purpose of the valuation, and the availability of comparable data. Most business sales involve valuation discussions that affect the purchase price and deal structure.
Florida Legal Definition
Florida courts accept and apply all three primary valuation approaches depending on the context. In business dissolution and dissenter's rights cases, Florida Statutes §607.1301 defines 'fair value' as the value of the shares determined by considering all relevant factors, without any discount for lack of control or marketability unless the court finds such a discount appropriate. In divorce proceedings, Florida courts have broad discretion to determine the valuation method that best reflects the true value of a business interest. For estate and gift tax purposes, valuation follows IRS Revenue Ruling 59-60 standards.
How It's Used in Practice
In practice, attorneys work with certified business appraisers (such as ASA, ABV, or CVA credentialed professionals) to prepare formal valuations. For business sales, the valuation serves as the basis for price negotiations. Common multiples for small businesses range from 2x to 5x seller's discretionary earnings (SDE), depending on the industry, growth trajectory, customer concentration, and other risk factors. Attorneys advise clients on how deal structure (asset sale vs. stock sale), earn-outs, and seller financing affect the effective valuation and after-tax proceeds.
Key Takeaways
- Business valuation determines the economic value of a business or ownership interest.
- Three primary approaches: income, market, and asset.
- Florida Statutes §607.1301 defines 'fair value' for dissenter's rights.
- Certified appraisers (ASA, ABV, CVA) prepare formal valuations.
- Common small business multiples range from 2x to 5x seller's discretionary earnings.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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