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Taking on debt with nonrecourse liability has several advantages. In general, when acquiring property subject to debt, the acquiring party stands to benefit more from nonrecourse debt rather than recourse. With that in mind, you may be asking yourself what exactly the difference is between the two. This article has been prepared by a Denver...
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As a general rule, the sale of assets or stock usually results in a taxable transaction to corporations. However, reorganizations create ways for entities to limit or reduce tax liabilities simply by restructuring the overall transaction. Tax free reorganizations should not be confused with eliminating tax entirely. Rather, tax free reorganizations prevent an immediate tax...
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Selling a corporation can have significant tax consequences for both the buyer and seller. However, it is not impossible to satisfy both parties to the transaction with a §338(h)(10) election. Generally, sellers of corporate entities prefer to engage in a stock sale rather than an asset sale while buyers prefer to engage in an asset...
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If you are operating an LLC and no longer wish to engage in such business, you cannot simply walk away or stop operations to limit your liability. Rather, you must properly dissolve your LLC to ensure that you will not be held personally liable for claims down the road. This process of terminating the LLC...
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Section 338 of the tax code can help resolve some of the issues created in stock sales in a way that benefits both buyers and sellers. Section 338 of the Internal Revenue Code provides a way to treat stock purchases as asset acquisitions for tax purposes only. In other words, under Internal Revenue Code §338(h)(10),...
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Gifting property can be a way for one person to shift paying tax on gain, but this does not mean that the gain escapes tax free. Under § 1015, a donor may transfer property to a donee, and if there is built in gain with the property, then the done will take a basis in...
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When businesses, whether as a seller or a purchaser are going through the acquisition process there is likely to be discussion as to whether the acquisition will be structured as an asset purchase or a stock purchase.  There are advantages and disadvantages to a an asset purchase and a stock purchase to both the seller...
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Many individuals (and businesses) buy stock and securities with the hopes and intent of the securities appreciating and perhaps paying interest or dividends.  What determines when an individual is treated as an investor, dealer or trader?  Furthermore, what is the tax treatment and proper way to report income and expenses when one is classified as...
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Who are the owners of an LLC?  Although, limited liability companies have become an extremely popular form of business entity, many small business owners or people forming a start-up business are still unfamiliar with ownership and structure issues related to an LLC.  The article below has been prepared by a Denver business attorney to discusses...
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A limited liability company (LLC) is a popular choice of entity for many business owners in Colorado.  Further, many business owners in Colorado will form other forms of partnerships whether they actually mean to or not.  When forming the actual entity though many business owners are unaware of the statutory requirements to form the business...
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