Here are some important areas to consider:
Employment Labor Law
Employment law covers the areas of discrimination, workers compensation and wage and hour violations. Our Mesa business law attorney can help small businesses overcome the challenges they face when accused of an employment law violation, and ensure this issue doesn’t arise for new companies by putting in place the proper legal precautions.
Setting Up or Revising the Structure
(whether a corporation, a partnership, an LLC or LLP)
There are many types of legal entity structures and various pros and cons for each. All factors need to be considered when starting a business. There are many structural and tax issues that should be re-evaluated periodically based on the current situation to ensure the structure is the most tax-friendly and legally sound. We will help you with weighing all of the factors.
The United States Tax code is long and complex and is not user friendly. Just as a person who is not an electrician would not attempt to re-wire the electrical wires in his own home, you should not attempt to “guess the right moves” on important tax matters that could potentially cost you a fortune. We can help you with these issues: from changing your corporate structure from a C corp to an S corp in order to get the best benefit in a sale; capital gains issues; or property tax matters and more. Whatever your tax issue, we can give you an honest assessment of how to best help you in our initial consultation.
We can also assist with negotiable instruments or contracts, secured credit transactions and property law.
Limited Liability Company
A Limited Liability Company (or LLC) is a common and popular business structure, and Wayne Gardner can help you set up your company as an LLC or restructure your existing sole proprietorship or partnership as an LLC.
The reason this is a popular structure is because it is very simple to set up, it is flexible in terms of taxes and it can generally be structured in such a way as to minimize the liability of the principals.
An LLC can limit creditor liability to the business.
B) Tax Flexibility
Additionally, an LLC has tax flexibility so the owners can decide whether they want corporate taxation (where the distributions are taxed once at the corporate level and again at shareholder level) or whether they want pass-through taxation which would be only one level of taxation, which is distributions to shareholders.
Unlike the requirements of a corporation, where resolutions and board minutes and a general ledger are required, an LLC does not have any such stringent requirements, making it easier to form and operate.
Benefit of Having Legal Counsel:
An experienced Mesa business law lawyer is needed to ensure that what you set up is best suited to your individual situation and that you have the protection and legal structure you need to operate properly. We will help you consider each issue and make sure your individual and unique needs are met.
Wayne Gardner, Attorney
Buntrock & Gardner Law, PLLC
Mesa, AZ 85203