When Does a ‘Reverse’ Retirement Rollover Make Sense?
Does it ever make sense to roll over/transfer an IRA to a 401(k)? This is sometimes called a ‘reverse rollover’, and the answer is YES. Here are 5 instances that could save you big-time!
Partnerships and S-Corporations | Like Oil and Water, they don’t Mix
The S-Corp partnership acts like a pair of handcuffs when it comes to tax strategy. Saving SE Tax is secondary to the flexibility partners need in tax planning.
Just Throw the Ball: How to Get Your Business Off the Ground
Deven L. Munns, Esq. Starting a successful business can be highly technical and knowing how to do it right can make or break your business. To start the business right, you need to: Come up with a business idea you think would make money. Determine what products or...
Side Hustle Income: Does a C-Corp Make Sense?
By Kevin L. Kennedy, Esq. Let’s say you have a day job working for someone else, but you’re also trying to start a side business. You hope that one day you can leave your ‘day job’ and work for yourself full-time. Maybe this sounds familiar to you. Your first...
CA’s New Statewide Rent Control Law
Lee Chen, Esq. On October 2, 2019, California enacted the AB 1482, representing the most comprehensive reform of California landlord-tenant laws in decades. The law, which essentially imposes “rent control” provisions for certain rentals in California, officially...
Opportunity Zones when Selling Real Estate Could Save You Thousands
Deven L. Munns, Esq. Opportunity Zones (OZ) investments were created under the recent passage of the Tax Cuts and Jobs Act (TCJA) and designed to help states jumpstart communities that historically have struggled economically. In theory, they have a two-prong benefit;...
What Tax Law is Haunting NYC?
Deven L. Munns, Esq. New York City has a lot to offer when it comes to world-class entertainment, dining, and sightseeing: Rockefeller Center, the Museum of Natural History, the Brooklyn Bridge, Time Square, and Broadway! However, unbeknownst to visitors to this...
Asset Protection 101: Separate Your Business from Your Assets
By Kevin Kennedy, Esq. Whether you’re a retailer, a broker, a doctor, etc., you know that renting commercial office/retail space can be your most expensive operating cost. You also know that one of the ways to build wealth is to invest in real estate. For these...
Real Estate Syndications 101
While syndications may also be done to purchase a portfolio of multiple properties or perhaps even unidentified properties that fit a certain profile, the most common syndications involve the purchase and/or development of a single specific piece of real estate.
What US Citizens must report with Foreign Property or Bank Accounts
Individuals for which the FATCA rules apply are required to self-report their foreign assets every year.
California Real Estate: Prop 13 and Property Taxes
Given how fast many properties in California have appreciated, it is very important to understand the Prop 13 rules governing property reassessment when developing a structure for your assets and your estate.
What is an Accredited Investor and Should I care?
Accredited investor status has nothing to do with investing education or experience. It is determined either by your net worth or your income. The SEC’s thinking is that if you have a fair amount of money or have demonstrated the ability to make a lot of money, then they are less concerned about you losing some of your money in a more loosely regulated private offering.
Do I Need a Business Entity for My Side Hustle?
If you have a side hustle, don’t automatically assume you don’t need a business entity simply because you’re not a full-time entrepreneur. The asset protection and tax savings could be a really need for you to succeed.
What are My Options If I Disagree with the IRS?
The IRS is generally perceived as the omnipotent “big brother”, however that does not mean you do not have rights if you disagree with the IRS. There are several administrative procedures available to you when and if you disagree with an IRS determination.
The Difference Between a Partner and an Investor
Selling unregistered securities will get you in hot water, and failing to make material disclosures and/or committing fraud in connection with the sale of a security might just land you in Club Fed.
Buying a Property Outside of the United States
Because there are over 195 countries in the world today, each deal will have its own specific considerations. However, there are still common issues and tasks to consider when purchasing real estate outside of the United States.
Estate Planning Lessons from the Rich and Famous
We believe everyone needs to have an estate plan. Contrary to popular belief, an estate plan is not just for the rich and the powerful, and even people with little or no assets can benefit from having an estate plan. A properly prepared estate plan not only...
Minor Children and Guardianship Designation Decision-Making
Is there any decision more important than who will raise your children if you were to pass away? Every person with minor children should consider this question and should take a simple estate planning step to answer it. MAKING THE DESIGNATION The decision on who will...
How to Avoid being a Victim of Securities Fraud
Don’t make a decision based on emotion. Talk to a securities attorney to see what kind of legitimate offering this should be, who would be eligible to invest, and where it should be registered.
Solo(k) and 401(k) Rules When You Have Employees and Multiple Businesses
A 401(k) is a great benefit normally associated with large companies where the employee makes contributions and the employer offers a match. The contribution limits are high (and total max contribution of 56k for 2019) and can allow for significant tax deferral on the...
What are my options when all the money I invested is gone?
If you sense that something may be amiss on deck, don’t sit back and just hope the ship will right its course or you may lose out on valuable rights that exist to protect you, the investor. Get a consult with an attorney immediately and start to have a fall back plan and frankly an ‘attack plan’ if it’s necessary.
What to Be Aware of in the “Friends and Family” Round of Financing
You’re starting a new business or growing an existing one, and you need money – most new or growing businesses do. In that situation, it’s only natural to turn to the people you know the best and trust the most – your friends and family. Spend a few minutes on any...
What is a Qualified Opportunity Zone Fund?
What is a Qualified Opportunity Zone Fund? Here's the short version, it's a new break that allows you to re-invest gains from any assets (real estate, stock, etc.) into qualifying go-zone funds. You get both tax deferral and some tax reduction as a result of the...
Asset Protection and Your Short Term Rental
The explosion of the sharing economy and in particular short term rentals offers real estate investors a lucrative opportunity to generate increased cash flow. However, with new opportunities come with new risks and nothing can be further from the truth when it comes...
Learn the Definition of a Security – It Might Just Keep You Out of Prison
When it comes to raising capital in a way that keeps you on the right side of the bars, it’s essential to know whether what you are offering and selling really is a security.
Maximizing LLC Asset Protection and Charging Orders
LLCs are frequently used to hold assets because of the availability of charging order protection against outside liabilities. Both LLCs and corporations provide asset protection for “inside liabilities,” that is, if a liability is created inside by that entity (e.g....
The Trustee, Executor and Guardian: The Estate Plan Trifecta
Many people ask us on a regular basis 'who' is going to carry out their wishes when they're gone. All of us should have a Will or Trust, but the 'people' that are going to implement it can be a big question mark sometimes. It's common to be concerned about who will...
Your Estate Plan and its Supporting Cast: Mini-Me, Thor, The Office, and The Titanic
When most people hear about an estate plan, they normally associate it with a trust. Certainly the trust is the lead actor in the estate plan because the trust is designed to set forth the plan or instructions for what will happen to your assets in your trust upon...
California Supreme Court Makes It Harder to Call Your Worker a “Freelancer”
It seems like you can’t talk business at all these days without hearing something about the “gig economy.” For those unfamiliar with the term, the gig economy is a combination of two factors. It’s an environment where many people have a ‘side gig’ to make ends meet,...
Using the Tax-Free Sale of Home Exemption on Your Rental Property
One of the financial benefits to owning your home (personal residence) is that the gain from the sale of home can be tax-free up to $500,000 for married couples and $250,000 for single filers. To take advantage of this: You must have lived in the home for two years...
Court Strikes Down the DOL’s Fiduciary Rule. Should this Matter to You?
On March 15, 2018, a federal appeals court based in Dallas, TX struck down the U.S. Department of Labor’s (DOL) so-called “Fiduciary Rule” in the ongoing war waging within the financial services industry for the past two years. This Fiduciary Rule would have required...
The Incredible Shrinking Consumer Financial Protection Bureau
Q: When does the Director of a powerful federal agency draft a report that urges Congress to pass laws that siphon away the vast majority of his authority? A: When Donald Trump is President, and the agency is the Consumer Financial Protection Bureau (“CFPB”) – the...
Who Should be the Beneficiary of Your Life Insurance?
Life insurance is an integral part of financial and estate planning for many. In most cases, people purchase life insurance in order to protect their spouse, children, and/or others who are financially dependent on them from becoming indigent in the event they die....
The NCAA, Trademarks, and Your Business
The NCAA has trademarked over 70 slogans, should your business have at least one trademark? If you were to take a look at my undergraduate and law school transcripts, you’d notice one fairly obvious pattern – my grades were always better during Fall Semester than...
Making the Most From Your Home Inspection
One of the most important due diligence items for buyers of real estate is the home inspection. Whether you plan to live in the home or whether you plan to hold it as a rental, it's a big investment and one you want to make sure you're not overpaying for or that...
How the New GOP Tax Law Affects Owners and Investors of Real Estate
Real estate has always been a major step in achieving the American dream and so there was plenty of concern within the industry that major changes in the taxes affecting owners and investors of real estate would negatively impact the industry and the tax benefits of...
GOP Delivers Tax Reform for Christmas – Joy to the World for Individuals?
Well, folks – it’s finally here. Congressional Republicans spent most of the fall crafting, arguing over, and adding and deleting provisions from a sweeping tax reform bill, and President Trump just signed it into law (and held up his huge signature to the cameras). ...
The Seven “Tenets” of Dealing with Tenants: Tax and Legal Tips for Landlords
I realize rentals are not for everyone. You hear horror stories of trashed properties, non-paying tenants, city citations, “meth-lab rentals”, and the list goes on. But for every such story, there are many stories of those who have built massive wealth through...
Purchasing Homeowner's Insurance- Strategies & Pitfalls
People who have read Mark Kohler’s Lawyers are Liars know that our philosophy with respect to asset protection is the “multiple barrier approaches” to put as many barriers as you can between you and someone who would sue you. For owners of real estate, one of primary...
What Is a Health Care Sharing Ministry – And Is Joining One a Good Idea?
It's that most wonderful time of the year. It's the Obamacare Open Enrollment Period to purchase health insurance coverage for 2018 on the Individual Marketplace. Take note though, The Open Enrollment Period has been shortened this year and expires after December 15,...
Five Benefits of the Solo 401K
For many Americans, saving for retirement is like exercising or eating healthy, we know we should do it but most of us don’t. In fact, a survey published by the Washington Post reported that over 70% of Americans are not saving enough for retirement and a study by...
The New “Centralized Partnership Audit Regime” – A Seismic Shift or Much Ado about Nothing?
An article on IRS audits…just what you needed to read before going to bed tonight, and I’m not kidding. Now, don’t be embarrassed if you haven’t heard of the Centralized Partnership Audit Regime (“CPAR”). If you think it sounds like something out of a George Orwell...
8 Core Tax Concepts Every Entrepreneur Needs to Know
Of the many virtues that entrepreneurs have, one such virtue is the desire and ability to get as much information and knowledge as they can by reading books, attending speaking events, researching on the internet, etc. However, 'taxes' aren't one of the topics...
Creative Planning Options with a Revocable Living Trust
Estate planning is something most know they should do, but most American adults simply haven’t gotten it done. In a survey available from AARP, 60% of American adults do not have an estate plan. The number gets even higher for some minority populations. In most...
Simple is Sexy: Maximize Retirement Contributions for Tax, Asset Protection, and Estate Planning Benefits
Many clients appreciate our ability to see the big picture. For example, when it comes to asset protection, estate planning, and tax planning, none of these practice areas happen in a vacuum, meaning the methods and tools used for asset protection will almost always...
Getting Married? You’ll Need a Caterer, a Photographer, a DJ … and a Lawyer!
The process of getting married can be one of the most wonderful, exciting … and stressful periods in a person’s life. There’s so much to plan for and do (and so many people to impress) that it can be hard to focus on what’s really important – the fact that you are...
Essential Tax & Legal Tips for the NEW Business Owner
Starting a business is a process. It is MUCH more than filing the one or two page articles/certificate of formation with the state. At the same time, it doesn’t have to be so complicated and overwhelming that you never start. Further, not only is starting a...
Til Death Do Us Part – Marriage and Asset Protection
The question of whether a spouse can be held liable for the debts of the other spouse is often asked from married (or to be married) couples, but the answer is not uniform and depends largely on the laws of the state where you reside. MOST STATES - COMMON LAW...
Pokémon No! How Pikachu Ended Up Getting Served with a Class Action Lawsuit
Remember Pokémon Go? About this time last year, the “augmented reality” game in which players use their smartphones to capture and train various species of Pokémon was a global phenomenon, with nearly seven million daily downloads. It was sort of the “thing to do” of...
Estate Planning 101: 5 Tips to Avoid Mistakes
As I work with small business owners and investors throughout the year, I want them to see the big picture when it comes to Estate Planning. Many misunderstand what the Estate Plan is all about and think it's simply an 'asset protection' strategy...that couldn't be...