Special Estate Planning Provisions for Families with Special Needs

On March 15, 2012, in Estate Planning, by Todd Stewart

An estimated 15 to 20 percent of Americans have an impairment that makes them permanently disabled, and the disability may put financial and logistical stress on their families.
Families dealing with special needs issues have unique financial challenges.  Seventy to eighty percent of individuals with disabilities of working age are unemployed.  Of those who do work, [...]

Business Succession: Will the Government Decide?

On February 22, 2012, in Business Law, Estate Planning, by Todd Stewart

If your business hasn’t documented a succession plan–for ownership of company stock or management of the company– then statutory defaults will take over for you.
Make your own business succession decisions
Do you want to be in business with the spouse or children of your business partner?  Do you want to be forced to sell your business [...]

Corporate Resolutions, Minutes and Meetings: What’s Required?

On February 15, 2012, in Business Law, by Todd Stewart

By now most Americans have broken a new year’s resolution. We have no expertise on personal resolutions, but we have plenty to say about corporate resolutions and other business legal issues that keep your company in good standing with governments, taxing authorities and the courts.
Piercing the “Corporate Veil”
One of the reasons owners establish businesses entities is [...]

The 338 Election When Acquiring Company Stock

On January 19, 2012, in Business Law, by Todd Stewart

If  you are acquiring a company through a stock purchase (rather than an asset purchase), remember to consider a 338 election so that you get a new cost basis for increased depreciation deductions and lower income taxes. See below for an explanation of the 338 election.

For a 338 election, the buyer has to be a [...]

Becoming a Business Owner in 2012?

On January 17, 2012, in Business Law, by Todd Stewart

We get a lot of calls this time of year from clients whose New Year’s resolution is to purchase or start a business.
We recently attended a professional development conference at the Southern Federal Tax Institute and this article represents state-of-the-art thinking on choosing the corporate structure that best meets its owners’ needs.
Making the final choice [...]

Converting a Corporation to an LLC

On January 12, 2012, in Business Law, by Todd Stewart

Many older businesses were formed as corporations because there were few entity options available which provided the necessary liability protection.
Today, there are many more options available to business owners, including the limited liability company (LLC). In addition to the numerous income taxation options (discussed to the right of this article), the LLC can be very [...]