Overcoming the Strong Disfavor of Variances Under Massachusetts Law
Real estate owners planning to construct a new addition or make any other improvement to their property might have to petition for a “variance” to allow for the contemplated construction. When a variance is required and justified, the variance petitioner should do some homework prior to the variance proceedings to ensure that he or she,…
Seller’s Remorse – The Fixed Price Option to Purchase Real Estate
It is fairly common for lessors and lessees of real property to include in long-term lease agreements an option to purchase the property. Often, such options to purchase establish a fixed price. Establishing a fixed price option gives rise to substantial risk of which owners/lessors in particular should be wary. Whether you are a commercial…
Sexual Harassment in the Workplace an Employer’s Primer to Being Proactive
In the current climate, all employers need to take steps to educate their workforces about and protect them from sexual harassment. In many cases, existing policies and training are inadequate and should be updated. As employers make this issue a priority, this primer will be useful. WHAT IS SEXUAL HARASSMENT? At its core, sexual harassment…
Avoiding IRS Attacks on FLPs and LLCs
The IRS has published some appeals-settlement guidelines, which taxpayers can use to properly set up and run Family Limited Partnerships and Limited Liability Companies in order to achieve estate and gift tax discounts and savings. The guidelines are part of an ongoing attack by the IRS on aggressive use of FLPs and LLCs by taxpayers….
Business Sales/Purchases: Important Considerations
While the mechanics of handling a business sale or acquisition are fairly routine, the underlying issues that must be identified and addressed are typically far more critical. BUYER’S CONSIDERATIONS Choice of business entity is often the first decision a Buyer must make. There are fundamental differences between limited liability companies, corporations, and other entities, including…
Liability Protection in 2019
Business and investment assets are subject to varying degrees of attack by creditors. Understanding the actual protection which your assets enjoy (or don’t enjoy) is important during difficult economic times. While I am unable to cover all of the various aspects regarding choice of entity, e.g., income tax implications, the cost of formation and annual…
The Limited Liability Company – Today’s Entity of Choice
There are many reasons why the limited liability company (“LLC”) has become the entity of choice for many business owners. Such reasons include limits on liability, favorable tax treatment, protection from creditors and its suitability for succession planning. OWNERSHIP OF COMMERCIAL REAL ESTATE In general, any liability stemming from a business operated within an LLC…
LLCs vs. S Corporations: The Battle Rages On
The LLC, or limited liability company, became popular in the U.S. about 22 years ago after the IRS decided to characterize an LLC as a “partnership” for tax purposes. Prior to that time, a great deal of uncertainty existed regarding the classification of entities. With the “check the box” entity-classification regulations, however, the IRS has…
Properly Structuring Business/Investment Entities Regarding Taxes, Liability Protection and Succession Planning
When choosing the proper type of legal entity when you are starting a new business, the choice of entity is very important. Not all entities enjoy the same protections and entities are certainly treated differently for income tax purposes. It is critical to have someone involved in this process who understands the tax as well…