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LLC Survival Guide: Pitfalls and How to Side-Step Them

Mastering LLC Management: Navigating Legal, Tax, and Operational Challenges

Created byJoshua C. Offenhartz
BeginnerUpdated Jun 28, 2024

What You'll Learn

  • check_circleUnderstand the different tax classifications available for LLCs (Partnership, S Corporation, C Corporation) and the associated tax implications and compliance requirements for each.
  • check_circleIdentify common attorney mistakes in the taxation of LLCs and develop strategies to avoid these pitfalls in practice.
  • check_circleAnalyze the tax consequences of transferring appreciated property to an LLC and implement best practices for proper valuation and documentation.
  • check_circleExplore the critical components of LLC operating agreements, including capital call procedures, management removal clauses, and voting and transfer restrictions.
  • check_circleDevelop clear and compliant distribution and allocation clauses to ensure IRS compliance and fair profit-sharing among LLC members.
  • check_circleAssess the tax implications and necessary documentation for the termination, liquidation, or dissolution of an LLC, ensuring proper final tax filings and asset distribution.
  • check_circleEvaluate the impact of a member's death or retirement on an LLC's operations and tax obligations, and formulate strategies for proper valuation and compliance with estate tax laws.
  • check_circleLearn to structure and utilize sale-leaseback arrangements effectively, understanding the potential tax benefits and risks involved to maximize liquidity and maintain tax efficiency.

About This Course

The "LLC Survival Guide: Pitfalls and How to Side-Step Them" course is an essential training designed for legal professionals, business owners, and entrepreneurs involved with Limited Liability Companies (LLCs). This comprehensive course covers the intricacies of LLC taxation, providing insights into common attorney mistakes and offering strategic advice on choosing the correct tax classification for your LLC, whether it be as a partnership, S Corporation, or C Corporation. Participants will learn about the critical tax implications of transferring appreciated property, the complexities of employment and self-employment tax issues, and best practices for changing tax statuses and managing conversions or reorganizations to avoid costly mistakes.

Additionally, the course delves into the legal and operational challenges associated with LLC operating agreements. Through real-life examples, participants will explore common pitfalls such as vague capital call procedures, ambiguous management removal clauses, and unclear voting and transfer restrictions. The curriculum also addresses the vital components of distribution and allocation clauses, amendment procedures, and tax and reporting obligations. By the end of the course, attendees will have a robust understanding of how to draft clear, compliant, and effective operating agreements, ensuring their LLCs are well-structured to handle growth, member changes, and potential disputes.

Key Topics Discussed:

  • Different Tax Classifications Available for LLCs
  • Common Attorney Mistakes in the Taxation of LLCs
  • Tax Consequences of Transferring Appreciated Property to an LLC
  • Critical Components of LLC Operating Agreements
  • Clear and Compliant Distribution and Allocation Clauses
  • Tax Implications and Necessary Documentation for the Termination, Liquidation, or Dissolution of an LLC
  • Impact of a Member's Death or Retirement on an LLC's Operations and Tax Obligations
  • Structure and Utilize Sale-Leaseback Arrangements Effectively
  • Capital Call/Admission of New Members
  • Management Removal and Indemnification of Manager
  • Voting Provisions and Transfer Restrictions
  • Distribution and Allocation Clauses
  • Amendments and Tax and Reporting Clauses
  • Buy/Sell/Forced Sale Rights Impasse and Dissolution

 

Course Content

1 activity • 2 videos • duration: 3h 10m

  • videocamLLC Survival Guide: Pitfalls and How to Side-Step Them P1
    Duration 98:23
  • videocamLLC Survival Guide: Pitfalls and How to Side-Step Them P2
    Duration 92:26

Your Instructor

Joshua C. Offenhartz

Attorney | Kahana Feld

menu_book1 courses
star109 reviews

Joshua C Offenhartz is an attorney with Kahana Feld. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council, and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona, and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

What Students Are Saying

4.8 out of 5
Student's Choice
109 reviews

Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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