Posts Categorized: Business Law

Why Business Owners Need More Than a Simple or Cheap Estate Plan

If you’re a business owner, a basic will or cheap estate plan isn’t enough to protect what you’ve built. Without the right coordination between your personal estate plan and your business documents, your loved ones could face court delays, legal conflicts, and unnecessary costs. This blog explains why business owners need a more comprehensive planning approach—and how aligning your estate and business plans can secure your legacy and ensure a smooth transition when the time comes. READ MORE

BOI/CTA UPDATE: Reporting Requirements Reinstated…For Now

UPDATE: On February 17, 2025, the U.S. District Court for the Eastern District of Texas, in the case Smith vs. Dept. of the Treasury, issued a ruling reinstating the reporting requirements for the Corporate Transparency Act (“CTA”). For most companies, beneficial ownership information (“BOI”) must now be reported to the U.S. Treasury’s Financial Crimes and Enforcement Network (“FinCEN”) by March 21, 2025.  READ MORE

UPDATE: Appeals Court Reinstates – Then Suspends – Corporate Transparency Act Filing Requirement

Recent updates to the Corporate Transparency Act (CTA) have created some uncertainty for business owners, as filing deadlines have shifted multiple times. While the requirement to disclose personal information is currently optional, it’s important to stay informed as the situation evolves. We’re here to help you navigate these changes and ensure your estate plan and business protections are up to date. Schedule a Life and Legacy Planning Session with us today to get expert guidance on safeguarding your business and family, regardless of what happens with the CTA. READ MORE

Own a Business? Do This By December 31st to Get a Year-Long Extension To The Corporate Transparency Act Reporting Deadline

Embarking on business ownership is a gratifying venture, albeit one accompanied by regulatory obligations and reporting responsibilities that may pose challenges to manage. Small business proprietors and those with business interests held in trusts are mandated to adhere to the Corporate Transparency Act (CTA) starting January.

Commencing January 1, 2024, the CTA necessitates that small enterprises divulge the identities of owners holding a 25% or greater ownership stake, alongside individuals exercising substantial control over the company’s operations. This regulation extends to trusts with ownership or control of a business. READ MORE

Can a Trust Own My Business after I Die?

If your business is taxed as an S corporation (and you do not have to be a corporation to be taxed as an S corporation), there are special rules about who can own an S corporation. It is essential to seek the advice of a qualified legal or tax professional before transferring ownership of your S corporation business interest to a trust and after the death of the grantor/trustmaker.

Although your trust can own your business after you die, you must consider many factors when transferring your business ownership interest to your trust. Therefore, it is essential to consult a qualified professional to ensure that you have considered all the elements and help you correctly complete the transfer. READ MORE