News & Analysis as of

S-Corporation Choice of Entity Limited Liability Company (LLC)

Hinckley Allen

Converting an LLC to an S Corporation: A Mistake Waiting to Happen

Hinckley Allen on

Limited liability companies (LLCs) offer significant tax flexibility – for one thing they can elect to be treated as disregarded entities, partnerships, C corporations, or S corporations, and can even shift between those tax...more

Obermayer Rebmann Maxwell & Hippel LLP

S Corporation Tax Pitfalls - The Dreaded Inadvertent S Election Termination

Business owners are often attracted to the S Corporation as a hybrid between the entity-level tax planning opportunities afforded by C Corporations and the passthrough nature of a partnership, all while affording a business...more

Dickinson Wright

Starting and Running a Food Truck Business

Dickinson Wright on

Introduction - It seems anywhere you go in Nashville these days you will happen across a food truck or two loitering at a local business or parked downtown. Indeed, almost any local Nashville event has a gaggle of mobile...more

Miller Nash LLP

Business Owner Exit Planning: LLC Operating Agreements

Miller Nash LLP on

Limited liability companies (LLC or LLCs) are an attractive choice of entity for many non-public companies. An LLC is the preferred choice of entity for many advisors, including me, unless the facts warrant something...more

Lowenstein Sandler LLP

An Ounce of Prevention: Preparing for Your Pre-Seed Financing Round

Lowenstein Sandler LLP on

Benjamin Franklin famously cautioned that “an ounce of prevention is worth a pound of cure.” Although Franklin was warning the people of Philadelphia that preventing a fire is better than fighting one, the same admonition...more

Williams Mullen

ESOP Essentials: Can My Company Offer An ESOP? Selected Tax Guidance on Choice of Entity, Business Structure and ESOPs

Williams Mullen on

An employee stock ownership plan (ESOP) is a type of tax-qualified retirement plan. ESOPs are designed to invest primarily in qualifying employer securities, as defined in applicable tax rules....more

Fox Rothschild LLP

Female Owned Fashion Businesses: From Your Garage To A Thriving Business, How To Start Building Your Dream

Fox Rothschild LLP on

Hashtags for women entrepreneurs and female owned business are becoming more prominent. Tag lines such as “Mom-preneur” #girlpreneur #womenceo, #girlboss #solopreneur #entreprenuerher abound in social media posts in the...more

Tucker Arensberg, P.C.

Sole Proprietor? Partnership? LLC? Which Business Entity is Right for Me?

Whether you, and your business associates, are forming a local coffee shop or the next big Silicon Valley tech company, most entrepreneurs will have to decide on the type of operating entity that they will use for their...more

Farrell Fritz, P.C.

Choice of Entity? I Choose A . . . No, I Meant B . . . Wait, Can I Try Again?

Farrell Fritz, P.C. on

Choice of Entity- The owners of a closely held business will confront many difficult decisions during the life of the business. Among the earliest of these decisions – and one with which the business may have to contend...more

Rosenberg Martin Greenberg LLP

Loughman Case Illustrates Potential Impact of Entity Choice on Income Tax Liability for Cannabusinesses

Recognition of Internal Revenue Code (“I.R.C.”) § 280E and its potential to limit deductions can have a material impact on the ongoing operation of a cannabusiness. While operational concerns require attention, improper tax...more

Whitman Legal Solutions, LLC

Don’t Leave Your Business Entity in a Taxi!

Like musicians, business owners sometimes forget important tasks relating to their business entities. Although some forgotten tasks may be correctable, others are not. By forgetting to pay attention to their business...more

Ward and Smith, P.A.

Choice of Entity for the Closely Held Business—Comparing LLCs and Subchapter S Corporations

Ward and Smith, P.A. on

While the Internal Revenue Code ("Code"), Subchapter C Corporation ("C Corp") will be the proper choice of entity for some closely held businesses (particularly in light of the federal tax reform package that became effective...more

Porter Hedges LLP

Business Litigation Alert: "Starting a New Business? Include These Five Provisions in Every Formation Agreement"

Porter Hedges LLP on

The ultimate success of a business often rests on the ability of its owners to make sound decisions up front - an ounce of prevention, if you will - and avoid bigger problems that might arise later. This principle...more

Jackson Walker

Choice of Entity and Key Contents of Organization Documents

Jackson Walker on

Five Business Entity Forms: • Corporation • General Partnership • Limited Partnership • Limited Liability Partnership (“LLP”) • Limited Liability Company (“LLC”) ...more

Locke Lord LLP

Locke Lord QuickStudy: Choice of Entity Considerations

Locke Lord LLP on

Starting a business can be a daunting but rewarding challenge. One of the key decisions at the early stages of a new business is how to structure your business – i.e., what legal entity to form in order to carry on your...more

Nexsen Pruet, PLLC

(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

Nexsen Pruet, PLLC on

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very...more

PilieroMazza PLLC

Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?

PilieroMazza PLLC on

As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the...more

Sands Anderson PC

‘S Wonderful, ‘S Marvelous, ‘S Unreasonable

Sands Anderson PC on

One of the reasons to choose an S-Corp instead of an LLC is tax savings. An S-corp does not pay any taxes at the corporate level, but instead all income is passed through to the shareholders, who are responsible for a number...more

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