John Clarke has helped numerous clients to achieve success and preserve their assets by providing tailored business planning and creating protective structures that advance their goals. John Clarke is a Fort Lauderdale business planning and estate planning lawyer. Here's how we can assist in these areas:
1. Entity Formation and Structuring
Choosing the Right Business Entity: We help clients choose the most appropriate legal structure (Limited Liability Company, S Corporation, C Corporation, Limited Partnership, etc.) based on their specific business goals, tax considerations, and liability concerns. Choosing the correct entity based on your unique situation is one of the most important factors in a business’s success. The formation, management, and liability to third parties of these entities is governed by provisions in the Florida statutes, as follows:
A. Chapter 605: Florida Limited Liability Company Act
B. Chapter 607: Florida Business Corporation Act
C. Chapter 620: Partnership Laws
Multi-Entity Structures: For businesses with multiple lines or assets, we can recommend and establish multi-entity structures to compartmentalize risk, such as forming separate LLCs for different properties or ventures. This prevents liabilities in one area from affecting other parts of the business.
2. Asset Protection
Implementing Asset Protection Strategies: We design and implement asset protection strategies to shield personal and business assets from creditors, lawsuits, and other risks. This includes include forming trusts, setting up LLCs, or utilizing family limited partnerships (FLPs).
Homestead Exemption Planning: In Florida, the homestead exemption provides strong protection for primary residences against creditor claims. we advise on how to structure ownership of personal and business properties to maximize this protection.
Liability Limitation: We draft contracts, leases, and other legal documents that limit the business's liability and protect the owner's personal assets from business debts.
Layering: Our most effective asset protection plans involve layering protection through the use of multiple entities. For example, we might advise a client with high exposure to liability to create a separate LLC for each investment property he owns, and then create a family partnership to hold his ownership interest in all the other entities. The family partnership and LLC structures each provide asset protection on their own, yet can provide much stronger asset protection when combined properly.
3. Tax Planning
Tax-Efficient Structures: We collaborate with tax advisors to structure your business in a way that minimizes tax liabilities, both at the state and federal levels. This includes planning for income taxes, capital gains taxes, and estate taxes.
Avoiding Double Taxation: For businesses considering incorporation, we can advise on strategies to avoid double taxation, such as electing S-Corp status or utilizing pass-through entities like LLCs.
4. Integration of Business and Estate Planning
Business Succession Planning: We create a detailed succession plan to ensure that your business continues smoothly in the event of the owner's retirement, incapacity, or death. This can include buy-sell agreements, trusts, or transferring ownership to family members or key employees.
Estate Planning Integration: By integrating business interests into the owner’s estate plan, we ensure that your business and personal assets are aligned for tax efficiency and asset preservation. This might involve creating living trusts, gifting strategies, or charitable planning.
Minimizing Estate Taxes: We help clients structure their estates to minimize estate taxes and ensure that as much of the business's value as possible is preserved for heirs or successors.