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What to do if you are not receiving your retirement benefits

Posted on November 30th, 2009 No Comments

When many people sign contracts to work as employees for various companies, they often make an agreement as to the terms of the retirement plan. After they retire many years later, these people expect to receive the full benefit as promised by the plan.

However, in some cases, retired employees do not receive their full, just benefits. When this occurs, either the former employee's company or the retirement fund may be at fault. 

Determining the guilty party and the extent of damages, however, is a difficult task that requires knowledge concerning the legal and accounting circumstances. 

If you or anyone you know has had problems with the retirement benefits, contact the Des Moines retirement benefit lawyers of LaMarca & Landry, P.C., at 877-327-2600. 

The tax and legal consequences of gifting your estate

Posted on November 30th, 2009 No Comments

As people approach and begin retirement, they often think about and plan for the future of their children. As part of these plans, they often consider gifting assets, including cash and property.

These gifts are often subject to legal and tax consequences. For instance, the donor may be subject to a tax known as the gift tax. This tax is often based on the fair market value of the gifted asset. 

This tax, however, is limited by a number of exemptions. One of these exemptions includes a provision that allows donors to gift assets worth a certain amount tax-free. 

If you or anyone you know has questions about the gift tax, contact the Des Moines gift tax lawyers of Lamarca & Landry, P.C., at 877-327-2600. 

Two common types of pension plans

Posted on November 23rd, 2009 No Comments

Employers structure pension plans in a variety of ways. One type includes direct benefit plans. Under these plans, the employer promises to pay an employee a certain benefit upon retirement.

These plans, however, differ from direct compensation plans. Under these plans, employers promise to match a certain level of an employee's contribution. The combined contribution in the plan is then managed in a fund, in which the employee bears the investment risk. 

If your company has legal questions about its pension plans, contact the Des Moines business litigation attorneys of LaMarca & Landry, P.C., at 877-327-2600. 

Why some businesses prefer operational leases

Posted on November 16th, 2009 No Comments

When businesses choose to lease their assets, they often must decide whether to structure the lease as a capital lease or operational lease.

In most cases, businesses prefer operational lease arrangements because they can keep the asset on their books. Structuring an operational lease, however, can be difficult.

To do so, businesses must ensure the lease arrangement meets a number of requirements. For instance, the lease life cannot be longer than 75 percent of the useful life.

If your business has questions about how to structure a lease arrangement, contact the Iowa business transactions lawyers of Lamarck & Landry, P.C., at 877-327-2600.

Tax implications of related-party transactions

Posted on November 16th, 2009 No Comments

Many companies structure their transactions to pay maximize their after-tax cash flows. However, tax avoidance strategies often have some restrictions.

For instance, to avoid some taxes, the transaction must occur as an arms-length transaction. These transactions usually take place in the open market place, in which both parties negotiate to a competitive market price.

Transactions that do not meet the arms-length transactions requirement include transactions between related parties. In such transactions, the two parties have some relationship that allows one party to negotiate a sale that would not occur in the marketplace.

The IRS will typically investigate related-party transactions to determine if they were structured in such a way that unfairly gives one party a tax advantage.

If your company has questions about tax-related transactions, contact the Des Moines business transactions lawyers of LaMarca & Landry, P.C., at 877-327-2600.

Which entity type is right for your company?

Posted on November 9th, 2009 No Comments

When an invididual or group of people decide to form a business, they often must choose an entity type. On the general level, the people starting the business will either decide to form a partnership or corporation.

If they choose a partnership, then they have the advantage of being a pass-through entity, which means that income taxes pass through to the personal level. However, depending on the type of partnership, some of the partners may be liable for debt obligations. 

If they choose a corporation, then they will all have the benefit of limited liability. However, their business activities will likely be taxed twice, once on the corporation level and once on the individual level for dividend receipts. 

If your business is having trouble deciding an entity type, contact the Iowa business formation lawyers of LaMarca & Landry, P.C., at 877-327-2600. 

The issues surrounding a business liquidation

Posted on November 9th, 2009 No Comments

When businesses begin to wind down, they must make many important decisions regarding liquidation. The liquidation process can often be complicated and lengthy given the financial, accounting, and legal issues that must be resolved.

For instance, when a company liquidates, it may need to pay a certain tax amount that depends on the business entity type. While sole proprietorships typically pay little to no taxes upon liquidation, corporations will often face numerous taxes. 

If your business is considering liquidation, contact the Iowa liquidation lawyers of LaMarca & Landry, P.C., at 877-327-2600. 

How to structure a large asset purchase

Posted on November 6th, 2009 No Comments

For many businesses, their biggest costs are related to their office space. Determining how to structure this cost, however, is not always simple.

For some companies, it may be in their best interest to buy their office outright. If they do this, they can expense the building as an asset over the useful life of the asset. 

For other companies, they may prefer to rent the building and expense it according to their lease agreements. The decision, however, may not always be controlled by the company. In some cases, they are required to expense the asset as an operating or capital lease. 

If your building has questions about the legal consequences of a large asset purchase, contact the Iowa business lawyers of LaMarca & Landry, P.C., at 877-327-2600. 

What is the CFTC?

Posted on November 2nd, 2009 No Comments

The CFTC is the Commodity Futures Trading Commission. It was established in 1974 to act as a regulatory agency over futures contracts. 

The role of the CFTC is to detect and prevent fraud in the futures trading market. By serving this role, the CFTC enables market users, such as investors and creditors, to trade securities in a competitve futures market. 

If your company is involved in the commodity futures trading, contact the Des Moines business lawyers of LaMarca & Landry, P.C., at 877-327-2600. 

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