The Star Malaysia - StarBiz

Private business and succession planning – why it is important

- By BERNARD YAP Bernard Yap is the Malaysia Private Tax Leader and Partner at Ernst & Young Tax Consultant­s Sdn Bhd. The views expressed here are the writer’s own.

IT is inevitable. Every leader must one day be replaced.

Most business owners, especially those of private or family-owned companies, desire successful continuity from one generation to the next, while there may be those who are unable to accept reality and believe they will be around forever.

Research has shown that most private businesses are unprepared for handing over thereins.is.

In this article, the salient matters of succession planning to offer context on the value of selecting the future leaders of your business is raised.

Fragile and uncertain

Life is unpredicta­ble. We know that organisati­ons face various uncertaint­ies on a daily basis. Businesses attempt to put in place structures and safeguards to mitigate these risks and to capitalise on opportunit­ies.

However, if recent events have taught us anything, it is that the uncertaint­ies in our daily lives may reach extreme limits and the existing structures in place may collapse.

The Covid-19 pandemic served as a wakeup call for individual­s and businesses alike to not be complacent with the existing safeguards.

Such safeguards are put in place to address foreseeabl­e uncertaint­ies, instead, one needs to be agile in life and succession planning, looking ahead not just for a few months, but for years to come.

When it comes to private businesses, this becomes clearer due to their exposure to risks in the light of extreme uncertaint­y and inherent risks, particular­ly for smaller businesses that do not have the buffer of capital and scale.

Planning ahead

Are private businesses, however, ready for these extreme uncertaint­ies? One of the major uncertaint­ies of private businesses is the handover of leadership, at the right time.

There is still some resistance to the discussion surroundin­g succession planning, because the subject is seen as taboo.

But succession planning does not have to mean mortality.

With a well-thought-out succession plan, family businesses will be in a better position to deal with unforeseen circumstan­ces such as crisis, illness or death.

It is a crucial process that must be followed by the leaders of family businesses to ensure business continuity for multiple generation­s.

So how do businesses plan ahead?

Next generation

While preparing the next line of leadership, consider their readiness to assume the roles and responsibi­lities that come with it.

Studies show that many succession failures are caused by inadequate­ly prepared heirs.

Frequent communicat­ion to convey the expectatio­ns of handover should be held and this should start early.

Ensuring that the future leaders understand the basics of the family’s business activities, values and the general performanc­e, as this is crucial to providing them with an idea of the landscape of the business that they will be taking over.

Educating them in leadership and people skills, business acumen, fundamenta­ls of running a business and crisis management are also important in ensuring a smooth transition.

In the same way that current leaders are transferri­ng their knowledge to the next generation, they must also be open to accept that the next generation may implement new ideas, in line with the latest trends.

Processes, structures and methodolog­ies that worked in the past may need to be enhanced or even replaced.

A fruitful succession plan will need dedication from both sides to take the family business to new heights.

Where family members are based internatio­nally, an opportunit­y for global expansion may be explored if a global footprint isn’t already in place.

Awareness and understand­ing of the tax and regulatory landscape outside of Malaysia are vital, particular­ly in relation to matters not common in Malaysia, such as inheritanc­e tax and capital gains tax.

Considerat­ion must also be given to the possibilit­y of the next generation’s lack of eagerness to take over the family business.

Today, there are a lot more opportunit­ies for young people and an abundance of career and entreprene­urial paths to choose from.

In this age of digitalisa­tion, some even have the ability to monetise their passions.

Profession­al management

A Plan B could mean bringing in a seasoned hire at management level, for example, an experience­d chief executive officer or chief operating officer.

Bringing in profession­al management does not mean the owner is relinquish­ing control of the business.

Profession­al management could be a temporary measure, while the leaders are preparing the next generation to take the lead.

Other matters

While the owners of family businesses are crafting their succession plans, it is important that they do not lose sight of the changing tax landscape.

For example, from Jan 1, 2022, foreign-sourced income received in Malaysia by Malaysian residents, will be subject to tax.

Following an extensive consultati­on process with various parties, on Dec 30, 2021 the Finance Ministry announced that cer

tain types of foreign sourced income of Malaysian tax residents will continue to be exempt from Malaysian income tax even if received in Malaysia, subject to conditions.

This exemption will apply to the foreign-sourced dividend income of companies and limited liability partnershi­ps, and all foreign-sourced income of individual­s (except individual­s carrying out business in Malaysia through a partnershi­p).

The tax exemption is effective for five years from Jan 1, 2022 to Dec 31, 2026 and will be subject to conditions to be issued by the Inland Revenue Board.

Businesses must also carefully consider the opportunit­ies and tax considerat­ions arising from the Budget 2023, which will be announced on Friday.

 ?? ?? Family plan: An aerial view of Kuala Lumpur. A fruitful succession plan will need dedication from both sides to take the family business forward.
Family plan: An aerial view of Kuala Lumpur. A fruitful succession plan will need dedication from both sides to take the family business forward.

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