Effective estate and business planning is driven in large part being able to put in place a plan that minimizes taxes. Wrongly designed estate plans can result in a 55% tax on the gross estate. Putting in place proper business structure – C Corporations, S Corporations, Limited Liability Companies, General and Limited Partnerships, sole proprietorships can often determine the success or failure of an enterprise. Special corporate elections can also be the difference between business growth and failure. One client recently saved $356,000 in federal and state taxes by making a so called 1244 corporate election to treat start up losses as ordinary losses rather than capital. In effect by making this election, the Federal government financed this client's future business expansion.
My firm has substantial experience in buy-sell agreements, commercial contracts, shareholder agreements, LLC operating agreements, employment and consulting agreements, succession planning for the closely held company, and director indemnifications.
Business agreements can be put in place, but if their enforcement through litigation is required because of contractual ambiguities, unclear terms and conditions, and lack of effective dispute resolution provisions, the business opportunity may be lost. Furthermore, inadequate agreements can result in costly litigation. However, sometimes litigation is unavoidable. What important is that the attorney putting together the estate or business plan has the experience and insight to avoid litigation issues. The veteran business planning Attorney must be able to assess these vulnerabilities and risks to minimize litigation and at the same time be ready for litigation should the need arise. My experience will save you money in the long run.
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