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Moore Colson Newsletter - February 2007

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Named One of
America’s Top 25 Accounting Firms

by Inside Public Accounting


Special challenges for LLCs

The at-risk rules present special challenges for limited liability companies (LLCs). Unlike general partners, who are personally liable for most partnership debts, LLC members are generally shielded from personal liability beyond their capital contributions.

To fully deduct losses, LLC members may need to take additional steps to ensure their share of debt is at risk. They can do this by pledging nonbusiness property as collateral, by structuring debt as qualified nonrecourse financing or by assuming personal liability for the debt (for example, by borrowing the money individually and then contributing it to the LLC).

Guaranteeing the LLC’s debt, however, generally is not enough to assume personal liability.


 




 

 

 

 

 

 

 

 

 
 

What have you got to lose?
Maximizing deductions for partnership and LLC losses

The deductibility of business losses is one of the most complex and misunderstood areas of federal taxation. Many partners and limited liability company (LLC) members mistakenly believe that, provided they have adequate tax basis in their interests, they can deduct their distributive share of an entity’s losses. Yet basis is only one of a triad of tax rules that limit losses. To determine whether your losses are deductible, you must also consider the passive loss and at-risk rules. This article looks at how to maximize your deductions in this area.

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Tick tock
Timing is everything when making philanthropic decisions

If philanthropy is important to you, determining the best time to make charitable gifts can be a complex decision. There are many factors, both practical and financial, to consider. The most important ones are whether to make donations during your lifetime or after your death through your will or living trust and the tax implications of your decision. This article discusses the advantages and disadvantages — including the income and estate tax impact — of lifetime gifts and bequests.

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Having trouble keeping your employees?
9 ways to plug the drain

Involuntary employee turnover is a huge drain on any business. In fact, it’s not unusual for total costs (including lost productivity and replacement expenditures) for a single lost employee to reach 150% of the annual salary, especially for higher paid employees. This article discusses nine ways you can improve your employee retention rate, such as providing employees opportunities for challenge and development, as well as sharing more information on company strategies, performance, operations and key business decisions.

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Be sure your home is adequately insured

This brief article explores homeowners insurance. Given the fact that your home is possibly your most valuable asset, it pays to dust off your policy and make sure it’s up to date. For example, does it accurately state your home’s replacement value? It may not if you’ve done extensive remodeling or live in an area where construction costs have shot up. It also discusses the need to watch out for policy exclusions and to not overlook liability coverage.

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