Timing can be one of the most important things you need to consider when you’re thinking about selling an agency. Why? Because the current capital gains tax rate (through the end of 2010) is at a historical low rate of 15 percent for the higher marginal income tax rates. While it’s unclear whether the capital gains tax rate will rise over the next two to three years, it’s a safe bet that it will not go down.

Assuming Congress takes no action in 2010, under the existing laws, the capital gains tax rate will automatically increase to 20 percent on January 1, 2011 for a whopping 33 percent increase.

So how does this affect owners of retail insurance agencies, MGAs, and MGUs who are contemplating a potential sale or creating a perpetuation plan? Capital gains taxes can dramatically impact on what you “take to the bank.”

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