All successful businesses have one thing in common – they are built upon a firm legal foundation. The attorneys in Kirton & McConkie’s Corporate and Taxation Section are experts at helping clients to construct and maintain the type of firm foundation that enables a business to reach its full potential. Whether it is a start-up company laying its first foundational stones, or a growing company that needs to expand its foundation, we offer our clients unique and innovative solutions to the challenges they face in all phases of their business, and we are able to do so at reasonable rates that are substantially lower than those charged by national firms. The following paragraphs briefly summarize some of the many services we provide.
Choice of Entity. Choosing the right type of business entity is an essential first step for any company. Making the right choice requires consideration of a diversity of factors such as the number of owners, the service or product offered, capital requirements, regulatory and tax factors, liability issues, and future expansion plans. Our attorneys are skilled at weighing all of these factors and helping clients to decide upon an entity that affords limited liability, promotes efficient operations, and minimizes exposure to taxes.
Business Planning. Choosing the right entity is just the beginning, of course. A successful business also requires the type of skilled representation we provide in areas such as contract negotiation, regulatory compliance, raising capital, managing risk, etc. Working with the attorneys in Kirton & McConkie’s other practice sections, we can provide clients with the type of expert advice they need to succeed in every aspect of their business.
Tax Planning. Taxes can represent one of the largest costs to a successful enterprise, which makes effective tax planning a necessity. Whether the planning relates to the overall structure of business operations, or to a specific transaction, our attorneys are skilled at crafting creative structures that minimize a company’s exposure to federal, state, local and foreign taxes. We help our clients utilize planning opportunities such as multiple-entity ownership structures, tax-free reorganizations, spin-offs, and like-kind exchanges to dramatically reduce the tax costs of their operations.
Securities. Every business needs access to capital to grow. Our attorneys are experienced at helping business owners obtain the capital they need through underwritten public offerings, private placements of debt or equity, or venture capital investment. In addition, we assist clients with federal and state securities law compliance and reporting, including Sarbanes-Oxley Act compliance.
Executive Compensation and Employee Benefits. Successful business owners know that their employees are one of their most valuable assets. We help our clients develop compensation plans, using all types of both qualified and non-qualified plans, that provide meaningful incentives for key employees to stay with the company and perform at their highest levels. We also help our clients comply with complex regulatory provisions such as ERISA, COBRA, HIPAA, and ADEA, and keep them abreast of new develops in the taxation of employee benefits, such as the new IRC § 409A governing non-qualified deferred compensation plans.
Tax Exempt Organizations. From helping tax-exempt organizations limit their exposure to the unrelated business income tax, to advising them on how to structure their compensation plans so that they qualify for the IRS’s presumption of fairness and their executives are not deemed to have received excess benefits, our attorneys are qualified to assist tax exempt organizations manage the many unique issues they face.
Mergers and Acquisitions. Whether it is a large corporation engaged in frequent acquisitions and divestitures, or a family-owned business involved in a one-time transaction, the purchase or sale of a business requires expert legal advice. From structuring the transaction to negotiating contracts, securing financing, performing due diligence and closing the deal, our clients benefit from the experience of attorneys with a wide range of expertise, including corporate, tax, employee benefits, labor, real estate, intellectual property and litigation. By assembling a team of true experts, we are able to provide our clients with comprehensive, yet cost-effective representation throughout their purchase and sale transactions.
Estate Planning. Just as a good business plan is essential for every successful business, a good estate plan is essential for every individual. By using wills, trusts, family limited liability companies, buy-sell agreements, and other techniques, we help clients develop an estate plan that protects their assets from creditors, minimizes estate and gift tax exposure, and fosters family harmony. We are also skilled at assisting clients in their philanthropic endeavors, including the establishment and maintenance of private foundations, supporting organizations, and donor-advised funds.
If you have questions concerning any of the foregoing, or would like to know whether we offer any other services, please call your contact at Kirton & McConkie or send inquiries to Randy Johnson at rkjohnson@kmclaw.com.