BGH Ruling: Guideline for the Valuation of Freelance Practice

5
Min Read
The valuation of freelance practices is not comprehensively codified by IDW S1 or IFRS, yet it is frequently required for acquisitions and family law disputes. BGH case law provides key principles, including goodwill valuation using a modified capitalized earnings method, deduction of an owner-specific entrepreneurial salary, and consideration of deferred income taxes.
#Freelance Practice Valuation
#Goodwill
#IDW Standard
#International Financial Reporting Standards (IFRS)
Peter Schmitz
on
25.9.20
The founder and Managing Director of smartZebra GmbH. Formerly head of company valuation at Deutsche Bahn (DB) AG, Peter also advised at ACXIT Capital Partners.

Background and relevance

The valuation of a freelance practice is insufficiently codified by the standard setters. Neither IDW S1 nor IFRS consider freelance practices to be relevant valuation subjects. Nevertheless, the valuation of a medical practice, an architectural practice or a law or tax firm by an appraiser or tax consultant is regularly required, especially in the case of acquisitions or family law disputes.

Guidelines of the BGH on the valuation of freelance practices

In its ruling of February 9, 2011, the BGH provided basic guidelines for this. According to this ruling, the goodwill of a freelance practice is to be included as an intangible asset in the equalization of accrued gains and thus in the valuation. Goodwill is valued according to the following principles:

Modified capitalized earnings value method

When measuring such goodwill, an entrepreneur's salary based on the individual circumstances of the owner must be deducted as part of the modified capitalized earnings value method. This method ensures that goodwill is valued realistically and fairly.

Consideration of goodwill in the equalization of accrued gains

The consideration of goodwill in the equalization of accrued gains does not violate the prohibition of double utilization. Goodwill relates to the intangible asset existing on the valuation date to the exclusion of the owner's actual work performance, while the maintenance claim is based on the owner's work performance and other property income.

Measurement as at the reporting date and deferred income taxes

The valuation of an owner practice as at the reporting date in the equalization of gains presupposes that the practice can be sold. Deferred income taxes must already be deducted in the valuation of these final assets as at the reporting date, irrespective of whether a sale is actually intended.

Wrap it up!

The BGH has established clear guidelines for the valuation of the goodwill of freelance practices, which are particularly relevant in gain equalization proceedings. The application of the modified discounted earnings method and the consideration of deferred income taxes are decisive factors in this process. smartZebra's tools and expertise can help to carry out these complex valuation processes efficiently and accurately.

Questions & Answers

What is the goodwill of a freelance practice and why is it important?

Goodwill is an intangible asset that represents the value of a professional practice over and above its tangible value. It is important for the valuation of acquisitions or family law disputes.

How is the goodwill of a freelance practice valued?

Goodwill is valued using the modified capitalized earnings value method, whereby an entrepreneur's salary is deducted based on the individual circumstances of the owner.

Why does the BGH take goodwill into account in the equalization of gains?

The BGH takes goodwill into account in the equalization of gains, as it represents the intangible asset existing on the valuation date, which exists independently of the concrete work performance of the owner.

What does measurement as at the reporting date mean and why are deferred income taxes important?

The valuation on the reporting date takes into account the value of the practice on the valuation dates. Deferred income taxes must be deducted in order to ensure a realistic valuation, irrespective of whether a sale is intended.

What role does the entrepreneur's salary play in the valuation of goodwill?

The entrepreneur's salary is deducted as part of the modified capitalized earnings method in order to value the goodwill realistically and fairly, based on the individual circumstances of the owner.

How can smartZebra help with the valuation of freelance practices?

smartZebra provides tools and data that simplify the complex process of evaluating freelance practices, enabling accurate analysis and ensuring compliance.

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