fbpx
MENU

Cameron Hess

To Incorporate or Not to Incorporate

April 23, 2012

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 MORE

U.S. Estate and Gift Tax Concerns for Foreign Assets

April 18, 2012

Most 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 MORE

Commercial Foreclosures—The Effect on Existing Leases

April 18, 2012

A 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 MORE

Should Buyers Require the Seller to be a Consultant?

March 26, 2012

Every 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 MORE

The Property Tax Deduction Problem

February 29, 2012

This post addresses the confusion caused by the Franchise Tax Board’s (“FTB”) decision to limit property tax deductions.  Despite having final discretion as to what is an acceptable deduction, the FTB provides little direction on which items on a property tax bill qualify for a deduction. The FTB’s Position on Property Tax Deductions The FTB’s […]

READ MORE

Legislative Change – BOE-100-B Reporting

February 8, 2012

Good 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 […]

READ MORE