When it comes to setting up a business, it is important to put careful thought into the particular form the business will take. The business form one chooses affects various aspects of the business, including the personal liability of the business owners for company liabilities, the way the business and its owners are taxed, and how ownership works.

When purchasing or selling an existing business, both the buyer and the seller must determine whether it is advantageous to structure the transaction as a sale and purchase of the assets of a business ("asset sale") or of the ownership interest of the business (a "stock sale"). Understanding the basic differences between the two is the first step to structuring a deal that is most beneficial to you, whether you are the buyer or the seller.

Running a successful business is not only a matter of attending to the needs of the moment and the coming year, as any business owner can tell you. Ensuring the success of a business also entails planning for its long term success. This includes passing the business on to appropriate individuals once one is gone.

Estate taxes often garner a lot of attention - particularly in an election year when the threat of raising taxes routinely becomes a political focal point. The estate tax, 40% at the federal level,[1] aptly referred to as the "death tax," does have the potential to be quite devastating. However, it is important to put the estate tax in the proper context. Instead of worrying about how much the Government will take from taxpayers' estates when they die, taxpayers should focus on what they can do now to protect their assets.

Succession planning is something every business owner has to thing about at some point to one extent or another. As we mentioned in a recent post, careful thought and working closely with trusted individuals is important succession planning, as is getting started early. Particularly important is the development of an ongoing process for succession management so that the process is well-established by the time one retires.

In fiscal year 2013, spouses, parents, and children of deceased veterans from World War II, Korea, Vietnam, Kuwait, Iraq and Afghanistan received $6.7 billion in Veterans Affairs pensions or payments. Despite this staggering number, there are still many veterans (and families) who are unaware of their potential eligibility for a wide range of benefits through the U.S. Department of Veterans Affairs. It is important for veterans to know that the benefits are available even if the veteran did not directly retire from the military or suffer injuries in the line of duty.

Phillip Seymour Hoffman, an accomplished actor, died suddenly in February at age 46 of a suspected drug overdose. Seymour had a long-term companion, Marianne O'Donnell, with whom he had three young children. Under the terms of his Will, a significant chunk of his $35 million-plus estate was left to O'Donnell. The media and estate planners have examined the Will, which has led to several estate planning issues garnering public attention. His Will was written before the birth of his last two children and never updated; thus, his estate plan is completely silent about his wishes for them. The actor's death also highlights the effect that marriage can have on an estate plan. Because Hoffman and O'Donnell were not married, nearly $14 million must be paid in estate taxes - an outcome that could have been avoided had the couple tied the knot (at the federal level, any property passing to a spouse at death is free of estate taxes, therefore delaying any federal estate tax until the surviving spouse's death).

Passing on a business is not always an easy thing for business owners to do. Not only must one identify the goals toward which one wants to direct the company itself and the means of getting the company there, one must also identify trusted individuals who share that vision and who are willing and capable of leading the company in the right direction.

Choosing a business form with which to organize a growing business is not always an easier matter, especially for those with little experience in business. Selecting a business entity form is important, though, as it can help position a business to increase growth by offering certain protections, particularly in the areas of liability and taxes, as well as trademarks and licenses.

Many of our readers have already heard about the recent U.S. Supreme Court decision granting for-profit, closely held corporations the right to opt out of the federal contraceptive mandate. Because the scope of the decision was limited to such companies, it isn’t as far reaching as some had hoped for, although some commentators have pointed out that the language of the decision doesn’t make it entirely clear which businesses are affected.