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Partnering v. Syndications Part 2


In our last blog, we covered the considerations that determine when you might be engaged in a partnership or a syndication. And, if you fall in the syndication category, then you’ll need to comply with SEC regulations. Or, if it’s an actual partnership, then you do not. That is an important question to answer and not always as clear cut as you might think. There are a lot of variables and uniqueness to your specific deal that can make a big difference in the answer.

In today’s blog, we are going to cover the legal structures of these two types of investing techniques. Let’s start with a syndication.

A syndication is almost always an LLC structure. But, before that, you will also need a Private Placement Memorandum (PPM). This is a business plan with the terms of what you’re offering that will be giving to potential investors. You may also need a Subscription Agreement. This is an investor’s pledge to contribute to the deal at the stated terms before the syndicators actually need the investment. Then at some point the Subscription Agreement is “called,” and the investor will wire funds at that time, completing the exchange. Then, of course, there is paperwork to be submitted to the SEC and to states in which you are raising funds.

Now let’s talk about the operating agreement for the LLC.

Businesses Win That Are Controlling Costs



“You may be disappointed if you fail, but you are doomed if you don’t try.”  - Beverly Sill

Depending on the type of business you run, you have a myriad of things you need to pay for to stay in business from rent to office supplies to payroll to inventory (not to mention all those pesky taxes).

When a business is brand new, most business owners go over the top controlling costs. But over time, they tend to loosen their grip on such things and inevitably experience “cost creep.” Sound familiar?

Every dollar you spend on a business expense means one less dollar in profit for your business (think renovations). So, it’s a good idea to periodically check in on your expenses to make sure you’re controlling costs where needed.

But where do you start?
Looking at your income statement may just give you a headache. Plus, that P&L is a summary of categorized expenses and doesn’t tell the full story about individual costs racked up throughout the year.


“American Rescue Plan” Is A Done Deal



To our Utah REIA PEEPS, The “American Rescue Plan” Is A Done Deal. Act FAST and SLOW.

While I normally write weekly, there is information in this blog that you need to know about now that might even impact how you proceed in the following days.

As of this writing, Congress has agreed -- but this is so fresh off the presses that many of my industry colleagues are scrambling, and the research services are still compiling all the data. But I felt it important to get ahead of all of that on your behalf.

There is a lot to discuss, and I will have more to say early next week, but this is important for you to know about NOW. So, let's dive in...

Stimulus Payments 
(and how they might impact your tax paperwork)

These are different from previous stimulus programs: $1,400 dollars per taxpayer and dependent (with signific

An Easy Tax Add-On: Estate Plans



“Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do.” - H. Jackson Brown Jr

As we have seen this year, life can turn on a dime ... and we can't plan for every one of the specific ways it may do so. But we CAN plan broadly.

For me and my family, we've put some simple plans in place for a VARIETY of circumstances, not just financial or legal. And it truly helps us sleep better at night, just knowing we have it all covered.

And the unfortunate reality is that the most recent numbers indicate that almost 60% of Americans don't have a basic will -- and that's a big problem.

One of the big reasons that most families don't yet have this in place is because of some incorrect thinking about whether it's right for them or if it's even necessary. And sure, some just haven't gotten around to creating a will or trust. Others think they don't need an estate plan because they're not "rich".

I've even heard from people that they don't want to put it in place because when they do, it's sending some sort of death

My Small Business Health Quiz (part 2)



“Life is really simple, but we insist on making it complicated.” -Confucius

Regardless of national events, or where things are at with PPP and EIDL -- as a small business owner, it's important that you take a REGULAR, clear-eyed look at the underlying legal and financial foundations of your business.

As we all pull our tax documentation together, I can't think of a better time.

I started with these last week, and I'm wrapping them up today.

My Small Business Health Quiz (Part 2)

From last week...

#1: Is the value of your business firmly established?
(Buy/Sell Agreements)
#2: Is there an emergency plan?
(Will & Asset Protection Strategy)
#3: What happens next?
(Business Succession Plan, and more)


Provisions of the Second Coronavirus Relief Bill That Affect Small Businesses



"What would you attempt to do if you knew you could not fail?” -Robert Schuller

The passage of this relief bill brought some changes that we had been hoping to see for months (notably the deductibility of PPP-related expenses), but there is much more to this relief bill than merely that, and the $600 stimulus payments that get all of the press.

So I thought I'd delve a little deeper than I did last week on the high points of this CAA bill.

Eviction Relief
This new measure extends the moratorium on evictions under the CARES Act, designed to protect renters from eviction, until January 31, 2021. That means, if you are a renter, you have one more month to get right. For landlords, you need to know that you will have to wait one more month.

PPP-Related Provisions
As I mentioned, businesses are now allowed to deduct expenses associated with their forgiven PPP loans -- this is amazing news.

Further, the new law provides $284.45 bill

Last of the LAST Minute Tax Moves



“Every task, goal, race and year comes to an end…therefore, make it a habit to FINISH STRONG.” - Gary Ryan Blair

As I mentioned, time is short, and some moves do require more than this week to pull off -- so I'm restricting myself to those items which you can realistically do something with before the end of the year.

And, again--these are focused on what will apply to your business

Also, the fact that expenses paid via PPP loan proceeds are now deductible might affect these calculations for you.

1) Buy Supplies in Advance (to increase expenses and offset income)
How much disposable equipment do you expect to use in 2021? Order it now so the cost is deductible in 2020 if you need to offset income. Buy what you think you'll need for the coming year, as long as you have the space to store it. This is especially easy to do with software, information courses, or other subscriptions that you know you want to keep.

A word of caution: Under a 12-month rule, yo

12 Year-End Todos...



2021 is hurtling at us, isn't it? May it ever come sooner.

Well, except for this part:

I'm here to remind you to plan now for how to best position your income, assets, and other revenues for the most favorable tax positions possible.

Let's make some tax-smart moves before 2020 comes to a close.

Here's one not many people are talking about: tax-deductible, employer-paid student loan payments.

Hidden within the CARES Act was this gem: employers can pay up to $5,250 to employees as student loan repayment assistance and it will not be taxable income to the employee. Employers can ALSO deduct the amount and not pay federal payroll taxes on the payments.

So if you're an "employee" of your own a business, and you have outstanding student loans, here's what to do:

  1. Make a written plan (there are some provisos here -- more in a moment)
  2. Make a payment to your student loans up t

Good News Depends On Where The Fence Is



There's both good news (for some) and bad news (for many) as we round the corner into December.

And I'm not talking about our culture, or politics, or sports, or anything like that.

I'm talking about TAXES.

I'll start with the good news. This is applicable to some of my readers only, but it is nice news for business owners in certain high tax states.

One of the difficult aspects of the TCJA was the "SALT" (state and local tax) deduction limitations. Specifically, in high-tax states, this represented a difficult setback in what could be deducted.

Well, one semi-sneaky way around this limitation has just been tentatively approved by the IRS in Notice 2020-75: paying these taxes on behalf of the owner or partners through an S-corp or partnership (pass through entity), and enabling them to be counted as a business expense.

This workaround immediately came into effect in MD, LA, CT, NJ, OK, RI and WI. Four more states already have legislation on the dockets: AL

8 Important Steps for HOA & Other Non-Profits Before Year-End



"Fear has a large shadow, but he himself is small.” -Ruth Gendler

When the dust settles on this year, chances are good that there will be a bunch of non-profits who have had to close their doors. Between lockdowns, massive unemployment, and general decreases in charitable deductions ... it's not easy out there.

Which is why it would be very wise for you to get "ahead of the game" if you are one of these organizations.

So, to do so, I suggest that you put these items on your "list" before Thanksgiving, so you're not caught in the flurry of holiday madness and year-end. Yes, we're already halfway through November...!

  1. Have your staff update tax withholdings.
    Nobody likes to get hit with a big tax bill in April, or be unnecessarily "loaning" Money to the US Treasury. Encourage your team to check on their withholdings and adjust as needed.
  2. Get info for any individuals/contractors to whom you paid more than $600.