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L'ASSOMPTION · E-2 FIELD GUIDE

Should the family reserve be used to pay the seller’s expansion premium?

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THE DIRECT ANSWER

Assess the premium against evidence of what is actually being acquired before using savings reserved for household costs. An expected spouse salary is not a substitute for available cash. Compare a budget with and without that income and preserve an explanation of which funds support the business versus the family. Decide the business questions before the household ones, because the amount the enterprise actually requires is not yet known while the price is disputed. A reserve committed to an expansion premium is unavailable during the months between closing and the first distribution.

Budget the purchase without assuming a second income

If the spouse plans US employment, confirm qualifying E status and applicable I-94 or E-2S evidence, or another valid work authorization, before relying on an actual start date. Eligible unmarried children under 21 receive no work permission from E dependent status. Separate appointments or delays may change household cash needs.

Neither buying the business nor paying more for future growth guarantees family approval or simultaneous admission. Set out what each household member may do under the status each would actually hold, then build the budget on that. Capital committed to the business is at risk by definition, so it is not a household reserve; keeping the two accounts separate also keeps the source-and-path record legible.

Where the family plans to draw a living from the enterprise, note that a business generating no more than a minimal living for the investor and family raises the marginality question directly.