Changing Income Tax Classification for 2012

On January 10, 2012, in Business Law, by Todd Stewart

As  business owners look at their financial performance, many of them question whether their choices of business entity and tax classification are serving their needs.
The proper income tax classification for your business
We find that entrepreneurs see room for improvement when companies were poorly formed, the documents were not well thought out, or when circumstances change after a [...]

Five Takeaways and Techniques for Your Estate Plan

On September 21, 2011, in Estate Planning, by Todd Stewart

I recently returned from an estate planning legal conference, bringing home five takeaways and techniques you should consider in your estate plan.
Family Wealth Over the Long Term
It is a good time to look at long-term (“dynasty”) trusts.  The $5 Million GST exemption means that you can pass a lot of money to future generations (beyond your children) [...]

Operating Agreements for Delaware and North Carolina

On September 14, 2011, in Business Law, by Todd Stewart

Clients often ask whether they should incorporate or form their new LLC in Delaware. In some cases they should avail themselves of Delaware law, but without special circumstances, most business owners will eventually opt for North Carolina as the controlling law.
LLCs: creatures of contract
Because LLC Operating Agreements are creatures of contract, the parties are generally free [...]

Minimizing Business Threats

On September 7, 2011, in Business Law, by Todd Stewart

Creating value in your business?  One of the things you need to do to enhance the value is minimize the threats. Your family will appreciate it and many sophisticated customers, lenders and investors will require it.

Ask yourself these questions:Do you have a succession plan in place?
Are there mechanisms in effect to incent the right persons [...]

Investing Borrowed Capital

On August 31, 2011, in Mergers & Acquisitions, by Todd Stewart

We often advise purchasers of businesses regarding the appropriate structure for their transaction.
A common situation involves a new investor that wants to invest in Target Company (“T”) with borrowed capital and wants T to be responsible for the debt.  There are three ways to inject senior debt into T:
Recapitalization structure
T enters into loan agreements sometime [...]

Gifts of Tax-Free Tuition

On June 22, 2011, in Asset Planning & Protection, by Todd Stewart

Internal Code Section 2503(e) (2)(A) excludes from gift tax any amount paid on behalf of an individual as tuition at an educational organization described in Section 170(b)(1)(A)(ii). Such gifts are not, under Section 2611(b)(1), subject to generation-skipping transfer tax (GST tax). And the donee doesn’t even have to attend the school full-time.
Contact our offices for [...]