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Taxation of Investors, Traders, & Dealers in Securities
Defining Investors, Traders, Securities & Dealers 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 are the tax treatment and proper way to report income and...
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Who Owns an LLC and Do They Expire
What Is an LLC? An LLC is a business organization called a “limited liability company.” It’s a separate legal person from its owners. This means you are not personally liable for the LLC’s debts, obligations, or liabilities. In addition, the LLC cannot be sued without joining the owner(s) and the LLC. The LLC is similar...
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Limited Liability Company
Limited Liability Company And Colorado’s Requirements 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 mean to or not. When forming the actual entity, many business owners are unaware of the statutory requirements...
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Understanding Stock Distributions and Options
Employee Stock Rights Many corporations may provide corporate stock distributions or stock rights to employees. When a corporation distributes its stock, this would be referred to as a stock dividend, and when a corporation grants stock rights, these are typically referred to as stock options. When individuals receive stock dividends and stock options, they generally...
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Property Transactions and Realization Events on Gains and Losses
When Must I Realize Gain? Generally, it is easy to understand when gain or loss has been realized, but sometimes it may be hard to ascertain. The article below has been prepared by a Denver tax attorney and business attorney to discuss gain or loss on specific property transactions and certain realization events.  Please remember...
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Original Issue Discount and Debt Instruments
What Is Original Issue Discount?   An original issue discount (OIDs) is the discount in the price of a bond from its face value at the time it is first issued. The term initially referred to the fact that the issuer of a bond pays less than par value for the bond. This type of discount...
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Limited Liability Companies May Conflict With S Corporation Elections
Limited Liability Companies Conflict With An S Corporation Operating Agreement Abiding by the LLC operating agreement may cause the entity to operate in a manner that invalidates the S corporation election.  An LLC can be formed quickly and has a lot of flexibility regarding members, operations, and taxation structure. It is not rare for an...
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Understanding Tax Deductions
 Small Business Tax Deductions Business owners often wonder how many tax deductions they can write off against yearly income taxes. They can do this by taking either a current or a capital expense. A current expense benefits the business, such as paying employees’ salaries. A capital expense does not benefit the business directly, like buying...
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How is Profits Interests Taxed for an LLC
Defining Profits Interests An LLC’s profits interests are very similar to those of a corporation. They allow shareholders to participate in the company’s growth immediately upon formation. When the company begins to grow, the profits interests provide a way for shareholders to receive a portion of the income generated by the company without being taxed...
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When business partners enter into a buy sell agreement, one of the pertinent issues or items for the partners to discuss is how the buy-out will be funded. The purchasing business entity or purchasing party can obtain the funds to purchase business interests from a variety of sources, which are discussed below. The purchaser always...
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