Shakespeare’s difficulty with the decision “to be or not to be” aptly applies to the entrepreneur’s decision whether or not to be incorporated. With inexpensive books on the market covering self-incorporation, there is a strong temptation to incorporate without fully considering its consequences. Corporate Attraction An entrepreneur is often motivated to incorporate based on his […]
READ MOREMost tax practitioners understand that the United States will tax a resident’s worldwide income and will impose estate and gift taxes regardless of whether or not the assets are located within the United States. The issue, however, is getting clients to accept that worldwide taxation encompasses several reporting duties. While obvious to an individual income […]
READ MOREA question tenants and lenders frequently ask is whether the lender’s foreclosure will affect the enforcement of a commercial tenant’s previously signed lease agreement. Unfortunately, there is no easy answer here. The first inquiry is whether the tenant’s lease agreement was entered into before or after the lender’s recording of a deed of trust. If […]
READ MOREEvery business broker will probably agree that a covenant not-to-complete makes good business sense. No buyer would ever want the seller, after closing, to go into competition the next day, next door to the sold business. Unfortunately, since 1993 (or covenants executed on or August 10, 1993), a covenant-not-to compete cannot be amortized over its […]
READ MOREGood News: Remember that the BOE-100-B has to be filed for a change in control or change in ownership of a corporation or other legal entity. I told you that it was due the earlier of 45 days of the date of the change or a request for filing by the BOE. If not filed […]
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