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Category Archive for: ‘Corporate and Business’

How to Optimize Your LLC as you Renew by May 1 to Avoid the $400 Penalty

Filing an Annual Report is actually the legal minimum to keep an entity “alive”. For better corporate health, we would recommend you consider at least the following five legal issues as you renew each of your business entities:

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Help Wanted Featured

Arista Law is Hiring! Attorney, Paralegal and Administrative Positions Available

As we enter our second decade as a firm, Arista Law is growing again, and we are recruiting for the following positions.

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Family Business Succession Planning presentation by Ed Arista for the Skylake Synagogue in Aventura.

Ed Arista recently presented on Family Business Succession Planning as part of the Financial Success Series at the Skylake Synagogue in Aventura.  Advanced planning using effective legal structures is one of the most important ways to increase the chances that a family business will survive the transition from one generation to the next.

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Dividing the Family Fortune – Entrepreneur Magazine

Here’s an interesting article from Entrepreneur Magazine regarding family business succession. We deal with this issue all the time as it is quite common that not all members of the next generation have a desire or capacity to be involved in the business, or they are incapable or working together, or there are toxic in-laws, etc., etc., etc…

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The Truth About 1031 Exchanges

A 1031 Exchange is a method by which a property owner “trades” one property (“relinquished property”) for another of equal or greater value (“replacement property”) without having to pay any taxes on the transaction. In an ordinary sale transaction, the property owner is taxed on any gain realized by the sale of the property.

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Reducing Taxation for Foreigners Investing in U.S. Real Property

Now is perhaps a better time than ever to invest in U.S. real estate for both income and long-term appreciation. However, as can be expected, the U.S. seeks to tax the appreciation on these properties when they are sold and tax their value when transferred by gift or upon death. This tax burden falls heavier on foreigners, because foreigners don’t enjoy certain credits and deductions reserved to U.S. persons.

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Major Points to Consider in a Commercial Lease: Landlord’s Perspective

From the landlord’s perspective, a tightly drafted lease can mean the difference between breaking even on a problem tenant or being forced to throw good money after bad just to force the tenant to vacate the premises and start from scratch. Lease provisions can be carefully crafted to avoid this situation and put the landlord in a superior position without being so unreasonable as to be unenforceable.

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Independent Contractor or Employee?

If your business uses independent contractors as part of its work force, then depending on the circumstances, the IRS might reclassify these workers as employees. Such a reclassification could expose your business to employment taxes and penalties.

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From a Caterpillar to a Butterfly: Converting Corporations to LLCs

Limited Liability Companies (LLCs) are almost always a better choice of entity than Corporations, yet not all businesses had the good fortune of being born as LLCs. There is hope for these corporate dinosaurs, however, as relatively recent changes in the law have made it easier to convert a corporation into an LLC.

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Unpaid Payroll Taxes Can Result in Personal Liability

Times are tough, but small business owners should think twice before deciding not to make that next payroll tax deposit. Did you know there is personal and even criminal exposure for not making timely payroll tax deposits? Moreover, a portion of the tax is not dischargeable in bankruptcy.

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