2014
11.15
Alright, Now Do I Own the Name?
Doing business in California generally involves forming an entity. (Why? To limit the business’ liabilities to the business’ assets.) One of the required steps in forming an entity is selecting a name for it. And whether one does business in an entity or not, one will probably find it advantageous to have a business name.
2014
10.04
Tax Consequences in the Sale of a Business
The Bullet Points I. Introduction As one may imagine, the sale of a business entails tax consequences which may be larger than any other single issue faced in the negotiations. It is best to understand these consequences before price negotiations start, so that the price takes account of them. Mistakes made early may be difficult
2014
09.20
Revisiting California’s Anti-deficiency Legislation
Revisiting California’s Anti-deficiency Legislation California’s real estate market has been heading south for a while now, and the journey may not be over. A real estate developer I spoke with recently told me he had about $200 million of land sales in escrow and expected none of the sales to close. In his opinion, raw
2014
08.08
Limited Liability Companies (LLC’s)
California has become the forty-sixth state to enact legislation enabling creation of limited liability companies (“LLC’s”). A new star has been added to California’s firmament of business entities and business lawyers are excited about it. Advantages Briefly, an LLC is an entity designed to combine the best features of corporations and partnerships. It has the
2014
07.21
LLC Operation and Other Post-Formation Matters
The purpose of this article is to provide information regarding the basic elements of operating a California limited liability company (“LLC”) and the roles of the following: (a) the owners of the LLC, called “members”; (b) the “managers” of the LLC which may be elected by the members to operate the LLC business; and (c)
2014
06.16
Limited Liability Partnerships
California has adopted legislation permitting California attorneys and accountants to practice as limited liability partnerships. This legislation, effective October 10, 1995, has been relatively unheralded. Yet, it provides important benefits to accountants and attorneys. Limited liability partnerships are domestic general partnerships that elect limited liability status by following procedures described below. Importantly, creating a limited
2014
05.01
Title Insurance – The Basics And Beyond
Virtually every California real estate buyer (as well as their lenders, and frequently owners of lesser estates in real estate, such as leaseholds, and their lenders) obtains title insurance. Most get a basic form of coverage. However, extended coverages are available, often at moderate fees. This article will briefly explain some of the basics of
2014
04.10
Accepting Partial Rent Payments
May a landlord accept a partial rent payment after filing an unlawful detainer action? The answer is a cautious yes, if the landlord provides “actual notice” to the tenant that the acceptance of the partial payment of rent does not constitute a waiver of the landlord’s right to recover possession of the property or to
2014
03.18
Tax Benefits of Tenant Improvements
Businesses that incur costs upgrading office, retail or commercial space during the next year may be eligible for a nice tax break contained in a relatively obscure provision of the Job Creation and Worker Assistance Act of 2002. A special first-year bonus depreciation allowance is provided for qualified property, importantly including tenant improvements, made after
2014
02.27
Health Savings Accounts
The Medicare Prescription Drug, Improvement, and Modernization Act signed by President Bush on December 8, 2003 creates a federal income tax deduction for contributions to health savings accounts, effective January 1, 2004. These accounts are similar to IRAs, and may provide even greater benefits. They should prove every bit as popular. Health savings accounts are
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