Before You File Your Corporation or Limited Liability Company (LLC): 5 Things to Consider! (Part Two)

TAX AND ASSET PROTECTION CHOICES – POSSIBLE CONTRADICTIONS?

POINT # 4: When trying to choose a business entity: BE WARNED! There are a number of opinions out there depending on who you ask. I’ll try to make this really simple so remember the following: You are fighting two battles. The business and tax structure you choose is your weapon/protector. WHAT ARE THESE TWO BATTLES?: 1) a tax battle and 2) a liability or asset protection battle. In other words, when you choose a business structure type (corporation, LLC, limited partnership) the choice for the real estate investor will depend on the tax issues which are associated with the business, and how well the business structure protects personal assets from the activities of the business. Certain structures can protect the assets of the business from personal liabilities (please see my article, ‘Corporations and Limited Liability Companies (LLC’s): Charging Orders and the Differences in Protection’.

Most real estate investors will go to their attorney in order to find out which business structure makes the most sense from a legal standpoint. Usually the main question is, “Mr. Lawyer or Ms. Lawyer which business structure will protect my personal assets if my business is sued?”.

Later that week, the same investor also travel across town to an accountant’s office and ask, “Mr. Accountant or Ms. Accountant, which business structure will save me the most in taxes?”.

Notice a few things:

1) There could be different answers. Most attorneys will have a dynamite understanding of the legal issues (in this instance personal liability protection issues), however they may not be as informed on the complex tax issues associated with real estate or other industries. So their answer may be help you from a liability standpoint, but hurt you from a tax standpoint.

2) The same is true regarding the accountant. They may have great choice for you when it comes to taxes, but a bad choice when it comes to personal liability protection. Usually, the biggest trap comes in the form of a good liability protection choice, but a horrible tax choice. This is especially true in real estate.

If you ever receive conflicting advice be sure to understand exactly why it is conflicting. For example, are there really contradictions or perhaps is the professional giving you legal advice, but not considering the tax issues. The same is true regarding tax advice. I like to say that you need to educate yourself on all the options available and some of the most common issues and structures that investors like yourself use – day in and day out.

POINT # 5: All professionals are not created equally. In order choose a capable attorney or accountant you need to be able to evaluate them. How do you do this? An excellent way is to ask them questions which relate specifically to your business/industry. While some investors have a pretty good understanding of the tax and liability issues…many do not. Because of this many business owners choose an inadequate attorney or accountant for their business. After all how can you evaluate the accountant or the attorney for you if you don’t understand all your options? How can you really ask pertinent questions? How can you evaluate their skill level? How can you really be sure what they are telling you is up-to-date?

You really need to have some knowledge before you walk into the plush law or accounting office. It will not only help you make the right choices, but it can also SAVE YOU MONEY! If the attorney does not have to create an entire set of forms for you…then you will save several hundred dollars or more. If you have run your entity properly and understood accounting rules and IRS requirements, then there is less work for the accountant to do. With the right information you can choose the best professional and usually save a good deal in professional fees. You make your life and their job easier! Get educated first!

To learn which mistakes to avoid, how to create, run, and maintain an ‘iron clad’ LLC or corporation please see Mr. Barazandeh’s, Wealth Building LLC ™ and Incorporate for Wealth™ courses at www.theinformedinvestor.com and www.attorneysecrets.com. (We even cover evaluating professionals and sample structures for different businesses and anticipated revenue projections!)

I want to wish you all the best in your business and email me if you ever need help: taxenterprises@yahoo.com

About The Author

As a licensed attorney and former business consultant, Mr. Darius Barazandeh brings a high level a professionalism teamed with in-depth legal and business knowledge to the world of real estate coaching and training.