Obsidian

Holding Structure

Setting Up a Holding Company Before Selling Your Business – Does It Really Pay Off?

Should you set up a holding company before selling your business? Learn when it works, when it’s too late and how it impacts taxes and net proceeds.

The most googled exit tax question

Few questions come up more often than:

“Should I set up a holding company before selling my business?”

The short answer: Sometimes yes. Often no. And very often too late.

Whether a holding structure actually improves your net outcome depends on timing, structure and intent — not on the headline tax rate.


1. Why holdings are so attractive in exit discussions

The appeal is obvious:

  • Capital gains via a holding are ~95% tax-exempt

  • Effective tax burden: ~1–2%

  • Proceeds can be reinvested almost tax-free

This is why:

  • Private Equity funds

  • Serial entrepreneurs

  • Family offices

almost always operate through holding structures.


2. How a holding actually works in an exit

If a holding owns the operating company:

  • The buyer acquires the operating company (share deal)

  • The holding sells its shares

  • Only 5% of the gain is taxable at corporate level

Result: Maximum tax deferral and reinvestment flexibility.


3. The critical question: When was the holding set up?

This is where most misunderstandings occur.

Scenario A: Holding set up early (works)

  • Holding exists for years

  • Economic substance and purpose

  • No imminent sale at the time of setup

👉 Tax benefit fully applies


Scenario B: Holding set up shortly before exit (problematic)

  • Clear sale intent already exists

  • Shares transferred shortly before signing

  • No operational substance

👉 High risk of tax denial

In many cases:

  • tax authorities disregard the structure

  • capital gains are taxed at personal level anyway


4. “How early is early enough?”

There is no fixed legal deadline. But in practice:

  • < 12 months before exit: usually too late

  • 12–24 months: risky, case-dependent

  • > 24 months: generally robust

Timing is not about optics — it’s about credibility.


5. Worst-case vs best-case outcome (real numbers)

Same company, same buyer, same price

  • Sale price: €5.0m

  • Capital gain: €4.5m

Without holding (private sale):

  • Tax: ~€1.2–1.4m

  • Net: ~€3.6–3.8m

With holding (clean structure):

  • Tax: ~€70k

  • Reinvestment capital: ~€4.43m

👉 Difference: up to €800k–1.0m


6. Common myths about holdings before exits

“I’ll just set it up now”

Often too late.


“My advisor said it always works”

It doesn’t.


“Holding means tax-free exit”

No. It means tax deferral, not tax elimination.


7. When a holding still makes sense — even without an exit

Even if a sale is not imminent, a holding can make sense when:

  • you plan future acquisitions

  • you want dividend optimisation

  • you think long-term about succession

But that’s strategic structuring, not last-minute exit planning.


Conclusion

A holding company is one of the most powerful tools in exit planning — if implemented early and credibly.

Set up too late, it creates false expectations and serious tax risk. Done right, it can add seven figures to your effective exit outcome.

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