San Diego Estate Planning Lawyer Blog

In Poway, many persons have a revocable living trust. This is an excellent estate planning strategy and the goals are to avoid probate fees and costs and also for privacy. A revocable living trust, however, is “tax neutral” and is not an advanced estate planning strategy. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP offers a complimentary consultation on advanced planning strategies and techniques in person, over the phone or by e mail. Our law firm works with Certified Public Accountants in the area of tax advice.

Upon the death of the owner of stock in a closely held corporation, the fair market value (“FMV”) of the stock must be determined before an estate tax return can be filed. For gifts of such stock, it is also necessary to ascertain the value of the stock for gift tax purposes. Unlike publicly traded stock, the value of which can be determined easily on the Internet or in a newspaper, stock in a closely held business has a value that is more difficult to nail down. By definition, the shares are held by a much smaller number of people and are not widely traded.

Fair market value means the price at which property would change hands between a willing buyer and a willing seller when neither party is under any compulsion to buy or sell and both parties have a reasonable knowledge of relevant facts. Calculating the FMV of closely held stock generally starts with an estimate of the total value of the closely held company itself. Application of discounts (or premiums) to account for the specific circumstances of the company then reduces (or increases) the FMV of the stock.
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In Chula Vista, there are many corporations. These are licensed, in the state of California, by the Department of Corporations. Our law office of Law Office of Scott C. Soady, A Professional Corporation, LLP can handle the incorporation of your business from start to finish. Please feel free to e mail our firm or call us for a complimentary consultation. A corporation can be part of an estate plan.

As a separate entity in the eyes of the law, a corporation does not go out of existence if one or more of its owners dies. Instead, a corporation stays alive until its owners decide otherwise. Transfer of the ownership of the corporation is accomplished by selling its stock. New owners are added either when existing owners sell some of their stock or the corporation itself sells more shares of stock. The smaller the enterprise, the more likely it is that the owners, for whom the corporation may be both their property and their employer, may agree to restrict the sale of the stock in order to maintain control.

The particular circumstances of each new business and the differences in the governing laws of the states make generalities difficult. That said, the factors on the debit side of the ledger for corporations include the costs of setting up the corporate entity, the need for a separate tax return, and the burden of “double taxation.” Double taxation means that the corporation is taxed on its profits, and the shareholders are then taxed on their dividends. On the credit side are limited liability for the owners and easy transfer of ownership.

In National City, there are many business entities which are not incorporated. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can handle the incorporation of your business and also assist with the legal requirements for your corporation to remain in good standing. A corporation can be part of an estate plan. Please feel free to e mail us or come in for an appointment to discuss your business succession planning as well as incorporating your business.

At or near the top of the list of characteristics favoring the corporate structure is the fact that, since the corporation is treated as a legal “person” separate from the people who own and run it, the shareholders as a rule are not personally liable for the corporation’s debts. Instead, their risk is confined to their investment in the company. To every rule there is an exception, however, and here the exception has the colorful legal name of “piercing the corporate veil.” If the owners do not comply with the statutory requirements for running a corporation, or if they blur the lines too much between corporate and personal finances, the legal fiction of the corporation as a separate entity is ignored and the owners are on the hook for the corporation’s losses.

In El Cajon, there are many corporations. These are regulated by the California Department of Corporations. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can incorporate your existing business or a new business. Please feel free to e mail or contact us for a free appointment. A corporation can also be part of your estate plan.

Following fast on the heels of a decision to go into a particular kind of business is the decision about what kind of legal form it should take. The most common options are a sole proprietorship, a partnership, or a corporation. You may lean toward the corporate route because you like the sound of having “Inc.” after the company’s name, but there are some more practical, business-like considerations to take into account.

More so than with some of the other structures for a business, starting a corporation means complying with formalities required by state laws. Once the shareholders (owners) of the business agree on some basic matters, such items are embodied in articles of incorporation that must be filed with the appropriate state agency. These essentials usually include:

In Rancho Penasquitos, many persons have investments. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP does not endorse or recommend any individual investments. We refer you to licensed professionals in that area such as Certified Financial Planners. Always make sure to independently verify license status and credentials. Many accounts, such as a 401K, may be part of an estate plan. Please feel free to e mail or call our office for any legal questions regarding your revocable living trust or other estate plan.

As of January 1, 2006, employers are able to offer a new retirement savings option, the Roth 401(k). The new account allows the features of a Roth IRA to be incorporated into the setting of a 401(k) account, but without the income restrictions that limit a Roth IRA. Contributions will be made with after-tax dollars, but the account will grow tax-free, and withdrawals taken in retirement will also be tax-free, assuming an individual is at least 59-1/2 years old and has held the account for at least 5 years.

Roth 401(k) accounts will be subject to the same contribution limits as regular 401(k)s. In 2006, this means a contribution limit of $15,000, or $20,000 for individuals 50 and over. The contribution limits apply to regular and Roth 401(k) plans combined, so, for example, an individual could not put $15,000 in a regular 401(k) and $15,000 in a Roth 401(k). Still, the opportunity to put more money into a retirement account that will have tax-free withdrawals will be enhanced, given that in 2006 the contribution limits for a regular Roth IRA will be $4,000, or $5,000 for those 50 or older. If an employer matches the employee’s contributions to a Roth 401(k), the matches will be made with pre-tax dollars in a regular 401(k) account that will be taxed as ordinary income at withdrawal.