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- @053 CHAP ZZ
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- │ PROS AND CONS OF BUYING A FRANCHISE │
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- Many small businesses, particularly fast food restaurants
- and print shops, are operated under franchises from a large
- national company. There can be substantial advantages in
- operating a franchised business, such as the benefits of
- national advertising, training programs, and assistance in
- setting up and running the business. If the business you
- are investigating operates under a franchise, it will be
- vitally important to determine whether the franchise can be
- transferred to you, and, if so, to provide for the transfer
- as part of the sale in the agreement of sale. Also, you
- will want to carefully review the franchise agreement
- (with the help of your attorney) to determine whether the
- franchisor must approve the transfer, what the costs of
- operating under the franchise are, and the other terms of
- the agreement. If the franchisor isn't a well-known and
- respected company, you should contact your local Better
- Business Bureau (or the appropriate state agency that deals
- with franchising) to see if they have any information
- regarding the ethics and reputation of the franchisor. You
- do not want to sign on with one of the less-than-reputable
- franchising operations that charge substantial up-front or
- other franchising fees for very little in the way of useful
- services.
-
- There are a number of excellent publications you can obtain
- that will help you evaluate various franchise opportunities.
- For a listing of where to write for these resources, refer
- to the "FRANCHISE OPPORTUNITIES HANDBOOK," published
- by the U.S. Dept. of Commerce, or get a copy of the
- "FRANCHISE BIBLE," by Erwin Keup, Esq., at your local
- bookstore.
-
- TAX NOTE: If you do acquire a franchise, either from the
- franchising company or as a transfer from another franchisee,
- you may be able to amortize (write off) the cost of
- acquiring the franchise, under certain circumstances, for
- federal income tax purposes. Consult your tax adviser as
- to whether or not this will be possible in your case. If
- it IS amortizable, you may want to allocate a significant
- part of the purchase price for the business to the franchise,
- which could save you major tax dollars in the long run.
- However, tax law changes made in 1989 somewhat limited
- these benefits, allowing 10-year amortization for lump sum
- franchise payments of no more than $100,000, but requiring
- 25-year amortization if the price exceeded $100,000.
-
- More recently, 1993 tax legislation has now further
- changed the rules. The 1993 law generally allows 15-year
- amortization of intangible items, including most kinds of
- franchises. (Periodic franchise payments, based on, for
- instance, a percentage of sales, continue to be immediately
- deductible in most cases, and do not have to be amortized,
- unlike an up-front or lump sum payment for a franchise.)
- The new 15-year amortization period generally applies to
- intangibles acquired after August 10, 1993, but a taxpayer
- may elect to apply the new law retroactively to acquisitions
- after July 25, 1991.
-
- @CODE: LS
- In @STATE, franchises are illegal, unless approved
- by the State.
- @CODE:OF
-
- If you are considering buying into a franchised operation,
- you should find the following checklist useful once you
- have focused on a particular franchise opportunity:
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