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Category: North Carolina

How Do You “Transfer” Your Company Into North Carolina From Another State?

Posted on November 3, 2016April 25, 2022 by g83js92js91
Categories: attorney, business, business law, Business Law & Contracts, contracts, florida, Jason A McGrath, llc, North Carolina, small business
Transferring Your Company Into North Carolina From Another State, moving

As a business attorney, one of the most frequent questions I am asked is some variation of “How do I transfer my out-of-state company to North Carolina?” I’ll address the most common scenarios and the reasonable options available. I’m using Florida as the other state just for example purposes (I also practice in FL), but the same general process is true regardless of which state your company originated in or currently exists in.

Scenario A: “I live in Florida, where my company was formed, but I’m moving to North Carolina and going forward I will be doing business out of North Carolina instead of Florida. What should I do and how do I do it?”

Option 1: convert your Florida company into a North Carolina company.  NC allows a company formed in another state to convert to become a NC LLC. The company would need to follow the law of the state it is coming from as far as winding down any business and otherwise wrapping up affairs in that state, and would typically need to have passed a resolution or similar approving the conversion to a NC company. The LLC can then file its Articles of Organization/Conversion with the NC Secretary of State.

Option 2: shut your Florida company down and start a new one in North Carolina. You would “wind up” your Florida LLC and dissolve it, such that it no longer exists. While the timing of the steps in North Carolina may vary to some extent, you’d go ahead and create a North Carolina LLC. The name would not have to be the same, but there are advantages to using the same name, if possible (this article does not attempt to address those issues).

Option 3: keep your Florida company open and register it with the State of North Carolina as a foreign business authorized to transact in North Carolina. You’d obtain a “Certificate of Good Standing” or similar from Florida. You then provide that to the NC Secretary of State as part of your North Carolina Application for Certificate of Authority (to conduct business in North Carolina). Assuming you are approved by NC, you’re now good to go to conduct business in both states, or either state, and you can have your principal place of business in either state. You will likely be required to pay annual fees to each state and file taxes in each state, which are important factors to consider.

Option 4: start an affiliated company or subsidiary in North Carolina. In certain specific instances, you may keep your Florida LLC open, and instead of registering it with North Carolina, you’d prefer to create and register a separate but related business entity in North Carolina. This is typically referred to as a “subsidiary” or an “affiliated company”. You will likely be required to pay annual fees to each state and file taxes in each state, which are important factors to consider.

Additional notes. Under any of the above options, you’ll have to have a registered agent with a “continuous presence” in NC. Many law firms (like mine) agree to provide that service for a small annual fee, but your company’s “RA” doesn’t have to be a lawyer or law firm. Of course, we also provide the very services needed to transfer your business overall.

These actions can be accomplished without an attorney, but you should at least consider consulting with an attorney any time you make a significant change to your business entity. Good luck!

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Posted in attorney, business, business law, Business Law & Contracts, contracts, florida, Jason A McGrath, llc, North Carolina, small business

Requests for Admissions In a Lawsuit

Posted on September 6, 2016May 2, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, lawsuit, Litigation, llc, NC Rules of Civil Procedure, North Carolina
Litigation Attorney Jason McGrath explains Requests for Admissions in a lawsuit under the rules of civil procedure in this short video.

https://youtu.be/f6iMEvfSr_A

If you are dealing with a lawsuit in North Carolina please fill out our confidential client intake form for legal assistance.

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Posted in attorney, Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, lawsuit, Litigation, llc, NC Rules of Civil Procedure, North Carolina

Why does your Corporation or Company Need a Registered Agent?

Posted on August 26, 2016December 18, 2023 by g83js92js91
Categories: attorney, business, business law, Business Law & Contracts, corporation, Jason A McGrath, Life and the Law, limited liability company, llc, McGrath amp; Spielberger, North Carolina, registered agent, small business
In this video, business law attorney Jason McGrath explains what a registered agent is, what it does, and why it’s legally required.

This discussion focuses on registered agents in North Carolina, but most of this information will *generally* apply to other states – but you need to study the specifics for your state, of course.

https://youtu.be/WuBeC-UVHew

If you are in need of legal assistance for your business in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

logo2Bseal2Blarge

Posted in attorney, business, business law, Business Law & Contracts, corporation, Jason A McGrath, Life and the Law, limited liability company, llc, McGrath amp; Spielberger, North Carolina, registered agent, small business

Legal ‘Claim and Delivery’ Actions in North Carolina

Posted on August 19, 2016April 26, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC
Claim and Delivery, North Carolina, business, dispute, lawsuit

In this video attorney Jason McGrath explains ‘Claim and Delivery’ procedures for North Carolina under the rules of civil procedure.

https://youtu.be/wd84-SjQSbw

If you are in need of legal assistance with a Lawsuit in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

Posted in attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC

Kelly Brown Earns LL.M. in Tax Law

Posted on March 5, 2016April 25, 2022 by g83js92js91
Categories: Announcements, Kelly Brown, Life and the Law, llm, McGrath amp; Spielberger, North Carolina, south carolina, Tax Issues, Tax Law, The Legal Profession
graduation cap law

 

McGrath & Spielberger, PLLC is happy
to announce that Attorney Kelly J. Brown has
earned her LL.M in Tax Law.

Attorney Kelly J. Brown has earned her LL.M. (Master of Laws) in Taxation from Boston University School of Law. Kelly is licensed in both North Carolina and South Carolina. Her practice focuses on real estate matters, including closings; business law matters; and of course, tax matters.

Posted in Announcements, Kelly Brown, Life and the Law, llm, McGrath amp; Spielberger, North Carolina, south carolina, Tax Issues, Tax Law, The Legal Profession

Summary Judgment

Posted on August 24, 2015April 25, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement
Motions for summary judgment can result in a case being immediately won or lost, and thus are incredibly important. Attorney Jason McGrath explains motions for summary judgment and summary judgments themselves based on his 19 years of experience as a trial attorney.

https://youtu.be/3sqK5FJes7o

If you are facing a lawsuit in North Carolina please fill out our confidential client intake form for legal assistance.

Posted in attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement

Tax Rates on Ordinary Income for Businesses

Posted on August 19, 2015April 25, 2022 by g83js92js91
Categories: business law, Business Law & Contracts, business owners, income, Life and the Law, North Carolina, Tax Issues, tax rates

When you decide to start a business venture, there are a myriad of things to consider. We regularly assist small business owners, especially start-up businesses, walking them through the steps that need to be taken in order to make the business official and legal. There are many ways a business can be organized and there are both non-tax and tax factors as well as state and local statutory requirements that need to be taken into consideration when embarking on this exciting journey of starting a business.

I previously wrote an article regarding the non-tax factors that should be considered when starting a business. This article is one of a series of articles that focuses on the tax implications of certain business activities and things you should consider when choosing your business entity. The most prominent federal tax considerations in choosing a business entity include:

  • Capital Contributions

 

  • Ownership Restrictions

 

  • Business Income and Loss

 

  • Allocations of Income or Loss

 

  • Basis Limitations and the Deductibility of Losses

 

  • Distributions

 

  • Employment Tax Considerations

 

  • Tax Rates on Ordinary Income

This article discusses the tax rates for businesses and business owners.

Ordinary Income Tax Rates

For most C corporations that have significant taxable income, the corporate income tax rate is essentially a flat rate of 34-35%. Corporations with smaller amounts of income enjoy lower rates (15-25%) on their first $75,000 of taxable income. As you can see below, a very small number of small businesses will receive the lower tax rates of 15 and 25%.

corporate tax rates

Additionally, certain personal service corporations (i.e., lawyers, accountants, architects, and the like) are not entitled to graduated tax rates but receive a flat rate of 35%. Individuals pay tax at the graduated rates of 15%, 28%, 31%, 36%, and 39.6%.

With a presidential election fast approaching and presidential hopefuls throwing their hat in the ring, you can expect some campaign talk of tax reform. On the corporate side, Marco Rubio has talked about tax reform that would lower the tax rate for corporations and passthroughs to 25% (although many of the credits and deductions would be eliminated) and allow businesses to expense the cost of their investments 100% in the year of acquisition. On individual tax reform, Rubio proposes reducing the number of individual tax brackets from 7 to 2 (15% and 35%), eliminate the standard deduction and replace it with a refundable personal credit, and create a $2,500 child tax credit.

Depositphotos 6663610 sacks of money

The relationships among these tax rates can greatly influence the choice of entity. At one time the maximum individual tax rate on ordinary income peaked at 70% and the top corporate tax rate was 46%, making forming a C corporation an attractive option to avoid the higher individual tax rates. The difference in rates prompted most business owners to organize their entities as a corporation rather than a pass-through entity because corporate income was taxed at much lower rates. During these high individual tax rate times, shareholders that wished to withdraw earnings created tax efficient strategies to avoid the double tax (e.g., owner-employees of a C corporation would distribute profits in the form of salary or fringe benefits, which are tax-deductible by the corporation and the fringe benefits are excludable from income of the employee in most situations). Shareholders also loaned money or leased property to C corporations and withdrew earnings from the corporation in the form of rent or interest payments that were tax deductible as well. The IRS began to crack down on these strategies and attacked payments of salary or interest as unreasonable compensation or disguised dividends. Congress fought back by enacting penalties to patrol against excessive accumulations or avoidance of the individual progressive tax rates. It wasn’t hard for a corporation with good tax planning to justify the payment of reasonable compensation and accumulation of earnings on the basis of reasonable business judgment and thereby avoid constructive dividends and the corporate penalty tax.

Now, individuals and corporations are subject to the same top tax rate and dividends and long-term capital gains are both taxed at relatively low rates, the C corporation earnings accumulation strategy is much less compelling. The parity in the individual and corporate tax rates, in conjunction with the prospect of two levels of tax when a C corporation is sold, provides a greater incentive to use a pass-through entity instead of a C corporation, particularly if the business intends to distribute its earnings currently, does not have owners who work for the firm, or holds assets that are likely to appreciate in value over a relatively short time frame. It would not be beneficial to organize a venture that invests in passive assets such as real estate or financial assets to operate as a C corporation because the costs of doing so would be prohibitive in light of the double tax. In some cases, however, C corporations still offer tax savings, especially for businesses able to pay out most of their earnings as compensation to their high-income owners.

For a complete analysis of the tax implications of C Corporations, Partnerships, and S Corporations click here for the Joint Committee on Taxation’s publication entitled “Choice of Business Entity: Present Law and Data Relating to C Corporations, Partnerships, and S Corporations.”

McGrath and Spielberger, PLLC assists clients with all sorts of tax issues, both federal and state (including but not limited to North Carolina and South Carolina). Click here to contact us about your tax matter.

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 McGrath & Spielberger, PLLC provides legal services in Florida, Georgia, North Carolina, Ohio, South Carolina, and Tennessee, as well as in some Federal courts. The Firm offers full scale representation, as well as limited scope services, as appropriate for the situation. Please be advised that the content on this website is not legal advice, but rather informational, and no attorney-client relationship is formed without the express agreement of this law firm. Thank you.

Posted in business law, Business Law & Contracts, business owners, income, Life and the Law, North Carolina, Tax Issues, tax rates

Servicemembers’ Civil Relief Act and Foreclosures

Posted on April 8, 2015April 19, 2022 by g83js92js91
Categories: foreclosure, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, McGrath amp; Spielberger, Mortgage Loan Modification, Mortgage Relief / Loss Mitigation Programs, North Carolina, SCRA
In this video, Attorney Jason McGrath of McGrath & Spielberger discusses how members of the US Armed Forces may have some specific protections and rights in relation to foreclosures and related court proceedings. Mr. McGrath and McGrath & Spielberger, PLLC handle both foreclosure cases in multiple states, including North Carolina and South Carolina.

https://youtu.be/kkxshCxt_Co

Posted in foreclosure, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, McGrath amp; Spielberger, Mortgage Loan Modification, Mortgage Relief / Loss Mitigation Programs, North Carolina, SCRA

Can the HOA (Homeowners’ Association) Foreclose on my Home?

Posted on March 20, 2015April 25, 2022 by g83js92js91
Categories: foreclosure, Foreclosures amp; Mortgage Loan Relief, hoa, HOA / Homeowners' Association, homeowners' association, Jason A McGrath, McGrath amp; Speilberger, North Carolina, south carolina
In this video, Attorney Jason McGrath discusses whether the Homeowners’ Association can foreclose on your property or not. Mr. McGrath and the McGrath and Spielberger PLLC attorneys handle both “regular” and HOA foreclosure cases in multiple states, including North Carolina and South Carolina.

https://youtu.be/CQMZJjZAYPA

Posted in foreclosure, Foreclosures amp; Mortgage Loan Relief, hoa, HOA / Homeowners' Association, homeowners' association, Jason A McGrath, McGrath amp; Speilberger, North Carolina, south carolina

Jason McGrath Quoted in Charlotte Observer Story on Mortgage Relief Tax Issues

Posted on March 15, 2015April 25, 2022 by g83js92js91
Categories: Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, Jason McGrath News / Media, mortgage relief, North Carolina, Tax Issues, taxes
Feb 16, 2015 – The Charlotte Observer | CharlotteObserver.com ….. Jason McGrath, a Charlotte-based attorney who works with clients dealing with mortgage disputes and foreclosures, said that . . . (full article linked and posted below).
⬧

Tax-change renewal could hurt troubled homeowners in North Carolina

By Deon Roberts and Jim Morrill – deroberts@charlotteobserver.com jmorrill@charlotteobserver.com
FEBRUARY 16, 2015 6:00 AM

North Carolina lawmakers are poised to renew a rule requiring homeowners to pay state income taxes on mortgage debt forgiven by lenders – a move that could cost some homeowners thousands of dollars in additional taxes.

For years, North Carolina allowed taxpayers not to count written-off mortgage debt as taxable income after Congress, responding to the mortgage crisis, enacted a similar exclusion on federal income taxes.

In 2013, North Carolina took away the exclusion for the first time since the crisis. And last week the N.C. Senate passed a bill that would not allow the exclusion for tax year 2014. The House is expected to vote on the measure this week.

To illustrate what the bill would mean, if a homeowner received $20,000 in mortgage principal forgiveness, he or she would have to pay $1,160 in additional taxes, based on the state’s individual income tax rate of 5.8 percent. If $40,000 were forgiven, he or she would owe $2,320 in additional taxes.

Analysts say the proposal, which is included in a bill changing the state’s gasoline tax, could affect as many as 4,000 N.C. homeowners caught up in the mortgage crisis.

Republican and Democratic lawmakers are divided on the proposal, which General Assembly staffers estimate will bring in about $14 million in 2014 tax revenue.

Republicans say the move would be consistent with other tax changes that have lowered rates and eliminated many deductions.

But Democrats and some consumer advocates say it would hurt homeowners struggling to recover after falling into foreclosure and defeat the purpose of a lender providing the debt relief in the first place.

“This is not a good policy,” said Al Ripley, director of consumer and housing affairs for the North Carolina Justice Center. “We want to try to create situations where they will be able to afford to stay in their house … not engage in policies that will take resources away from those families and make it more likely that they will end up in foreclosure or face other economic hardship.”

Taxpayers can still claim the exclusion on 2014 federal income taxes after President Barack Obama signed an extension in December. The exclusion stems from the Mortgage Debt Relief Act of 2007.

As recently as two years ago, North Carolina was one of seven states not allowing taxpayers to exclude canceled mortgage debt from taxable income, according to a study by H&R Block.

The N.C. Department of Revenue said it is still compiling data for tax year 2013 and does not know how much additional tax revenue the state collected on canceled mortgage debt that year.

Lawmakers divided

The proposal to not allow the exclusion prompted a passionate debate in the N.C. Senate on Thursday. Among other tax changes in the bill is the loss of a taxpayers’ deduction of college tuition expenses.

Together, the changes are expected to mean an additional $73 million in state revenue.

Republican Sen. Harry Brown of Onslow County said not having that revenue would hurt working families.

“What you’re talking about is 70-some million of revenue that the state would have to come up with …” said Brown, co-chair of the Senate Appropriations Committee. “Are you going to take it from teachers? … Or Health and Human Services? Or the court system? That should be part of the argument.”

Senate Finance Committee Chairman Bob Rucho, a Matthews Republican, said lawmakers are seeking the changes to be consistent with other tax changes that have lowered rates and eliminated many deductions.

“We just feel like consistency is important,” Brown said later. “It’s pretty much aligned with our tax reform. We think driving the rates down will serve (the middle class) in the long run.”

But Senate Minority Leader Dan Blue of Raleigh said the bill means that “we kick people while they’re down.

“If they had money they wouldn’t be in foreclosure,” he told colleagues. “What we’re doing is saying you have to come up with money because you managed to get the mortgage company to forgive this loan. You’re wrapping something around their neck probably for the rest of their lives.”

Democratic Sen. Joel Ford of Charlotte said in a $21 billion state budget, Republicans could make up for the revenue elsewhere.

“We just need to prioritize working families rather than corporations and special interests,” he said. “You mean to tell me you folks can’t find ($73 million) for the working families of North Carolina? If you can’t find it you should be ashamed of yourselves.”

Bart Hildreth, executive director for the Washington, D.C.-based National Tax Association, said it’s appropriate for state legislatures to take a second look at tax policies, such as those put in place in response to the mortgage crisis.

“Policy experts typically recommend that states revisit each of those periodically to see if they’re still meeting public policy goals,” he said. “You don’t want it all to be on autopilot.”

N.C. foreclosures still high

The proposal comes at a time when foreclosure activity in North Carolina and Charlotte remains higher than in much of the U.S.

According to a report released Thursday by data firm RealtyTrac, one in every 711 housing units in the Charlotte region had a foreclosure filing in January, the 35th-highest rate in the U.S. among 213 metro areas. North Carolina posted the 14th-highest rate: one filing for every 1,044 housing units.

The proposal also comes as Bank of America is just starting to provide $7 billion in consumer relief nationwide as part of its $17 billion settlement with the U.S. government announced last year. Some of that relief is expected to take the form of principal reductions on mortgage loans.

Bank of America spokesman Dan Frahm said the bank has forgiven more than $164 million in principal on 3,600 home loans in North Carolina since 2008. The average amount forgiven over that period is nearly $45,000, he said.

Jason McGrath, a Charlotte-based attorney who works with clients dealing with mortgage disputes and foreclosures, said that while foreclosure activity is falling nationwide and locally, many homeowners are still fighting to keep their homes.

“My firm is as busy as we have ever been with regard to those kinds of cases,” he said. “The overall numbers may be down, but it’s still very much an ongoing issue.”

He said some homeowners might pass up an offer of mortgage relief that could give them much-needed assistance because of the increase in taxes the homeowners might have to pay later.

“It certainly can be part of a self-defeating process” to forgive mortgage debt only to tax consumers on that aid, “smacking them on the back end.”

 ⬧

http://nchousing.org/housing-matters-newsletter/archives/

Posted in Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, Jason McGrath News / Media, mortgage relief, North Carolina, Tax Issues, taxes

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