Legal Advertisement - For California Residents or
Property Only (Coming soon to other states.)
Businesses
In most cases you have your answer the day
you call!
You receive a live consultation with an attorney. This is
not a paralegal or self-help service.
Hotline Services for
Undeveloped, Residential or Commercial PropertiesOwned by Businesses for Their Own Use
If you own, or are buying, undeveloped, residential or
commercial property for use in your business, then our service is even more
important for you.
If you are interested in homeowner issues, then visit the
Residential
section.
The managers of a business often feel their title issues are simple
and they can take simply take title in the entity's name. This
is usually incorrect. First, it puts the real estate at risk
for the operating business's liabilities. Secondly, it assumes that the entity is the
proper kind to hold real estate. For example, a "C
corporation" is often a good form to hold an operating
business but usually is not a good form to hold real estate title for
income tax reasons. Moreover, each
entity must be properly formed, funded and maintained to limit liability.
There are typically considerably different
considerations for income taxes and property taxes for the
operating business and for the real estate. These reasons
alone are usually sufficient to be sure that the operating
business is held in one form of entity and the real property
is held in another.
Business entities often have multiple owners. With today's constantly changing trends,
businesses
should also consider many other issues such as: possible
claims by an owner's former spouse; management in the case of
officer/manager disability; transfer of interests
on death, particularly buyout terms; asset protection; pre-structuring for
1031 tax-deferred exchange; rolling over property tax bases, and many other issues.
These may be different for the operating business versus the
real property.
A Hotline consultation will address these and other pertinent topics.