Daniel Van Slyke is an estate planning attorney licensed to practice law in California, Texas, and Missouri. On this channel, he discusses estate and tax planning, special needs planning, business planning, and related topics. Nothing on this channel is legal advice. I cannot give you legal advice without learning about you and your estate and analyzing your goals and concerns. This channel does not create an attorney-client relationship. No attorney-client relationship exists between us unless we both have signed an attorney-client engagement agreement.
Mission. The mission of Daniel Van Slyke, Attorney at Law is threefold: (1) to give you and your family peace about your estate; (2) to help keep your estate, business, and family out of court; (3) and to protect your legacy from creditors, predators, and indiscretion. Daniel will take the time to learn about you and your estate, to discuss your goals and concerns, and to carefully craft a plan to help you meet your goals. Daniel also will explain clearly all you need to know so you will understand your plan and how to manage it.
Remote Services. The Firm conducts business remotely. Daniel is an attorney licensed to practice law in California, Texas, and Missouri. Wherever you are in California, Texas, or Missouri, Daniel can prepare or update your estate or business plan from the comfort of your own home, without the need for in-person visits or travel.
The Corporate Transparency Act's Reporting Requirements Are Here!
The Corporate Transparency Act's requirement to report the Beneficial Ownership Information (BOI) for businesses to the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury. FinCEN can enforce this requirement with criminal and civil penalties, so it cannot be ignored. If you own a small business, including a Limited Liability Company or LLC, then your business entity probably must report. This video sets forth the types of business entities that must report, what they must report, the deadlines for reporting, and the penalties for not reporting. Companies must report the personal information of their beneficial owners, meaning those who have ownership or control over the business. The personal information includes names, dates of birth, and copies of licenses, passports, or other approved IDs. Because the use of the information reported will be limited, the CTA’s reporting requirements will not necessarily undermine asset protection strategies that rely on privacy. However, you can assume that state and federal agencies involved in law enforcement and taxes will have access to this information. Now's the time to review your business documents and tax filings to be sure everything is consistent. If your business existed before 2024, you must submit the required information by the end of 2024.
18 Feb 2024
Corporate Transparency Act Reporting Requirements Are Coming!
The Corporate Transparency Act's requirement to report the Beneficial Ownership Information (BOI) for businesses to the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury. FinCEN can enforce this requirement with criminal and civil penalties, so it cannot be ignored. If you own a small business, including a Limited Liability Company or LLC, then your business entity probably must report. This video sets forth the types of business entities that must report, what they must report, the deadlines for reporting, and the penalties for not reporting. Companies must report the personal information of their beneficial owners, meaning those who have ownership or control over the business. The personal information includes names, dates of birth, and copies of licenses, passports, or other approved IDs. Because the use of the information reported will be limited, the CTA’s reporting requirements will not necessarily undermine asset protection strategies that rely on privacy. However, you can assume that state and federal agencies involved in law enforcement and taxes will have access to this information. Now's the time to review your business documents and tax filings to be sure everything is consistent. If your business existed before 2024, you must submit the required information by the end of 2024.
18 Feb 2024
Criminal Penalties for Business Owners Who Don’t Report!
The Corporate Transparency Act goes into effect on January 1, 2024. Over 32 million small businesses will have to report who owns and controls the businesses to the Financial Crimes Enforcement Network (FinCEN). Do not assume your business does not have to report under the Corporate Transparency Act. The penalties for failing to report the required information are severe: they include up to two years in prison and civil fines of $500 per day of noncompliance.
18 Feb 2024
Does the Corporate Transparency Act Blow Asset Protection
The Corporate Transparency Act requires personal information of individuals associated with business entities to be disclosed to the Financial Crimes Enforcement Network (FinCEN). However, this does not necessarily blow asset protection strategies dependent in part upon privacy.
18 Feb 2024
1031 Exchange Out of CA
How do real estate investors pull their investments out of California without getting hit by a huge capital gains tax? In this video, Daniel Van Slyke, an attorney licensed in California and Texas, explains how the 1031 Exchange makes this possible. This video starts by exploring the reasons some real estate investors are leaving California, including the high costs of business, the lawsuit environment, and legislation and regulations adverse to landlords. Through a 1031 Exchange, the taxpayer can defer paying federal capital gains tax when selling one investment property and purchasing another of equal or greater value. The California Franchise Tax Board allows for deferral of California’s capital gains tax where the taxpayer follows the rules of the 1031 Exchange. However, California has additional reporting requirements. No matter where the newly purchased replacement property is located, California requires an annual report and payment of the deferred capital gains tax when the replacement property is finally sold. You can check out of California, but you can't leave California’s capital gains tax behind! California will follow your replacement property until you die, donate the replacement property to a non-profit, or pay California’s capital gains tax.
18 Feb 2024
1031 Exchange Explained
The 1031 Exchange enables a taxpayer to defer capital gains tax on the sale of real property held for business or investment by exchanging that property for a like-kind replacement property. After addressing the capital gains tax benefits, this video demystifies the vocabulary and the requirements of a 1031 Exchange. What is an exchange accommodator?What is a like-kind property? What is taxable boot? Who counts as the same taxpayer when selling a relinquished property to purchase a replacement property? What is the timeline for a 1031 Exchange? This video answers all these questions and more.
18 Feb 2024
Yes, Your CA Business Must Pay the $800 Annual Franchise Tax!
Many people mistakenly believe that their California business entities are exempt from paying the annual $800 franchise tax to the Franchise Tax Board. With very few exceptions, businesses must pay every year, and the consequences of falling behind can be severe.
18 Feb 2024
Don't Waive Your Asset Protection Goodbye!
The sad story of Broke Barry shows how easy it is to waive asset protection by signing personal guarantees and secured loans.
18 Feb 2024
Inside Out LLC Asset Protection
Some business entity forms can protect your personal assets from liabilities of the business.
18 Feb 2024
LLC Owners – do this to prevent piercing your corporate veil!
The corporate veil protects your personal assets from your Limited Liability Company's (LLC’s) creditors and liabilities. If someone sues your LLC and pierces the corporate veil, that creditor may be able to seize your personal assets. This short provides some best practices to keep your veil intact and help preserve the asset protection of your LLC.
18 Feb 2024
Choose wisely how your LLC will be taxed
Did you know there are four different ways to tax a Limited Liability Company (LLC)? You can choose taxation as a: (1) disregarded entity; (2) partnership; (3) S Corp; or (4) C Corp. Each has significant tax consequences, beginning with the requirements to file tax returns on the federal or state level.
18 Feb 2024
TX now gives charging order protection to single-member LLCs
As of September 2023, Texas provides charging order protection to single-member limited liability companies (LLCs).
18 Feb 2024
Texas Business Entities 101
How do I choose an entity for my Texas business? Should I form a sole proprietorship, a partnership, an LLC, or a corporation? What is the difference between a general partnership, a limited partnership, a limited liability partnership (LLP), and a Limited Liability Limited Partnership (LLLP)? And what is the difference between an S Corp and a C Corp? This presentation briefly answers these questions and explores the pros and cons of various forms of Texas business entity.
18 Feb 2024
Choosing a California Business Entity
How do I choose an entity for my California business? Should I form a sole proprietorship, a partnership, an LLC, or a corporation? What is the difference between a general partnership and a limited partnership? And what is the difference between an S Corp and a C Corp? This presentation briefly answers these questions and explores various factors to consider when choosing a California business entity.
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