Legal Question in Business Law in California
LLC capital contributions
For an LLC capital contributions listed in the Operating Agreement:
- can you contribute a computer that you would use at the same time for personal use ? or do these items be used only for the company only purpose ?
- do you need to have the invoices of those items (let's say you lost them, can you make an approximation of their fair value ?)
Thanks !
1 Answer from Attorneys
Re: LLC capital contributions
The answer would be different depending upon whether you mean "for tax purposes" or "for private agreement purposes."
The members of an LLC can write the capital contribution terms of an operating agreement to allow for the type of contribution and use you describe, and could probably make rolling, informal addenda as required during the capital pay-in period (or even thereafter), but such arrangements should be in writing signed by all affected members, or someone authorized to monitor capital inflows on their behalf.
For depreciation and other income-tax related purposes, the rules are not so flexible. To the extent an asset is business property, personal use would be treated as in-kind income. I don't practice tax law, so see a tax specialist for particulars.
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