Use of a Single-Member LLC

A single-member LLC’s provides considerable flexibility for its owner. Individuals forming a new business may choose to forego the liability of operating the business as a sole proprietorship, or the forming a corporation to own the business, by creating a single-member LLC which would own and operate the business and assets. The single-member LLC provides advantages over partnerships with a single equity source because a single-member LLC eliminates the need to have two or more owners and this may result in fewer costs by avoiding the need for creation of more than one legal entity to act as “partners.” Additionally, single-member LLC’s may be used to own multiple divisions of a business or multiple real properties with ownership is vested in a single-entity.

Continue reading “WHAT BUSINESS ENTITY MAKES SENSE FOR YOUR FIRM? – PART 2” →

Illinois Limited Liability Companies (“LLC”) are governed by 805 ILCS 180/1-1. The Limited Liability Company Act (“LLCA”).

An LLC is a separate legal entity and requires certain procedural steps be followed. First, the LLC organizer(s) must file articles of organization (the LLC counterpart to a corporation’s Articles of Incorporation) with the appropriate state agency (generally, the Secretary of State). The articles of organization must contain: the name and address of the principal place of business of the LLC; its period of duration; the business purpose (ordinarily, language to the effect of for the transaction of any or all lawful business for which limited liability companies may be organized under the Limited Liability Company Act); the registered agent’s name, the registered agent’s address; the name(s) and address(es) of the initial LLC’s manager(s) or members; and a statement indicating that the LLC is managed by managers; the names and addresses of each organizer; and any other provision the members/managers elect to include.

Continue reading “WHAT BUSINESS ENTITY MAKES SENSE FOR YOUR FIRM? – PART 1” →

Family Limited Partnerships, hereinafter “FLP’ are a special type of limited partnership, that can be used in conjunction with an estate plan, an asset protection plan, as well as a financial plan.

What is this wondrous vehicle and how does it work? The purpose of this article will be to address these concerns.

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IRS NOT ALWAYS CORRECT

In Center vs. Commissioner, 1995 TCM 311, the Tax Court ruled that an IRS Notice of Deficiency is not entitled to a presumption of correctness, if the IRS does not produce any evidence in support of its determination. In Center, the taxpayer did not provide any proof of his income during the year at issue. He had not filed a tax return. The IRS took the earnings from a prior year and used the consumer price index to compute the alleged income for a subsequent year. The taxpayer denied he had made that much money. The taxpayer petitioned the Tax Court saying that the amount of income was wrong.

Continue reading “INCOME TAX UPDATES” →

Offshore Asset Protection Trusts are becoming the rage of the nineties. The setting up of an Asset Protection Trusts involves the initial structure of a trust in an offshore jurisdiction. Properly drafted this gives one protection against creditors and eliminates the creditors abilities to attach assets.

For those of you who are a bit skeptical on the usage of offshore trusts and entities, please be aware that recently reported in the Business & Economics Section of the European, a European-based weekly newspaper, that London-based, Price Waterhouse and Ernst & Young have been consulting with the Island of Jersey to promote new laws allowing limited liability partnerships to become part of the Jersey legal systems. This would limit the partners from those UK firms that have set up limited partnerships on the Island of Jersey to only be liable for the amount of their interest in the firm. Current United Kingdom law indicates partners that they are personally liable for any claims against the partnership.

Continue reading “ASSET PROTECTION SOUGHT BY BIG SIX ACCOUNTING FIRMS” →

Good morning. My name is Nicholas Prouty, and I am the Managing Partner of Putnam Bridge an investment firm located in Santurce. I appreciate the invitation to speak today and share some thoughts with regard to the role technology will play in the economic turn-around of Puerto Rico. However before beginning, let me first address the recent ratings downgrade by Standard & Poor’s. My fundamental belief in Puerto Rico remains absolutely unchanged – Puerto Rico is in the process of a great reinvention and the smart money knows it and that money will soon make its way into your hands.

Continue reading “I am a Believer in Puerto Rico” →

It seems almost everywhere you look these days, bankrupt governments are raising taxes.

But no matter where you are, there are always solutions to do something about it.

For example, if you’re an Australian taxpayer, you can move to Norfolk Island and pay minimal tax. If you’re British, you can structure your assets in Gibraltar or the Channel Islands.

Continue reading “How You Can Move To Puerto Rico and Pay Almost Zero Tax” →

Congratulations to incoming President Trump. Yet many have questioned what happens to income tax planning?

First, 2016 tax rates are at 39.6% for individuals and 39% for Federal Corporate rates. State taxation has not changed and has a top rate of 13.3% in California. The additional Medicare taxes are still the law, but will hopefully be eliminated in coming years.

Continue reading “Tax Planning Must Happen NOW !!!” →